The purpose of this chapter is to exercise the
authority delegated to municipalities under N.J.S.A. 40:55D-1 et seq.
to regulate development and to promote good planning practice. The
chapter intent is:

To promote the establishment of appropriate population
densities and concentrations that will contribute to the well-being
of persons, neighborhoods, communities and regions and preservation
of the environment;

To provide sufficient space in appropriate locations
for a variety of residential, recreational, commercial uses and open
space, both public and private, according to their respective environmental
requirements in order to meet the needs of all New Jersey citizens;

To encourage the location and design of transportation
routes which will promote the free flow of traffic while discouraging
location of such facilities and routes which result in congestion
or blight;

To promote the conservation of historic sites and
districts, open space, energy resources and valuable natural resources
and to prevent urban sprawl and degradation of the environment through
improper use of land;

To encourage coordination of the various public and
private procedures and activities shaping land development with a
view of lessening the cost of such development and to the more efficient
use of land;

To encourage planned developments which incorporate
the best features of design and relate the type, design, and layout
of residential, commercial, industrial, and recreational development
of the particular site.

Wherever a term is defined in N.J.S.A. 40:55D-1
et seq., the Municipal Land Use Law, and/or in N.J.S.A. 52:27D-119
et seq., the Uniform Construction Code, and used in this article,
such term is intended to include and have the meaning set forth in
the definition of such term found in said statute and code in addition
to the definition for such term which may be included in this article,
unless the context clearly indicates a different meaning.

The term "such as," where used herein, shall
be considered as introducing typical or illustrative, rather than
an entirely exclusive or inclusive, designation of, permitted or prohibited
uses, activities, establishments or structures.

Soils which may be corrosive to corrugated metal, concrete,
asbestos cement, cast-iron and ductile iron pipe. These soils represent
approximately 5% of the soils found within the United States and include
dump areas, swamps, marshes, alkaline soils, cinder beds, polluted
river bottoms, etc., which are considered to be potentially corrosive.

Any area of land or water or both, designed and set aside
for the landing and taking off of fixed wing aircraft, utilized or
to be utilized by the public for such purposes, publicly or privately
owned and licensed by the New Jersey Commissioner of Transportation
as a public use airport or landing strip, or a proposed facility for
which an application has been submitted in complete form pursuant
to N.J.A.C. 16:54-1.4 and which has been determined by the Commissioner
as likely to be so licensed within one year of such determination.
"Airport" shall not mean any facility which is owned and operated
by the Port Authority of New York and New Jersey or which is located
within the Port of New York District as defined in N.J.S.A. 32:1-3.

As applied to a building or structure, a change or rearrangement
in the structural supports; or a change in the exterior appearance;
or a change in height, width or depth; or moving a building or structure
from one location or position to another on the same property; or
changing, adding to or removing from or otherwise affecting the exterior
appearance of a building or structure.

Any machine, contrivance, or device, which, upon the insertion
of a coin, slug, token, plate, disc or key into a slot, crevice, or
other openings, or by the payment of any price, is operated or may
be operated by the public generally for use as a game, entertainment,
or amusement, whether or not registering a score, and shall include
other types of electronically operated game devices, skillball, mechanical
games operations or transactions similar thereto, by whatever name
they may be called and shall not include pool or billiard tables.[2]

Any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communications that radiate
or capture electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals), wireless telecommunications
signals or other communication signals.[3]

The application form and all accompanying documents required
by ordinance for approval of a subdivision plat, site plan, planned
development, conditional use, zoning variance or direction of the
issuance of a permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36.

A facility manufacturing and/or assembling small products
primarily by hand such as jewelry, pottery, and other ceramics as
well as small glass, metal art and craft products. This use may include
an area for the retail sale of the items crafted on site.

An attic which has an approved stairway as a means of access
and egress and in which the ceiling area at a minimum height of 7 1/3
feet above the attic floor is not more than 1/3 the area of the next
floor below.

A place of business where the primary purpose is the sale
of new and used motor vehicles, having a building with either showrooms,
office space, repair and/or maintenance facilities with or without
outside sales on the same business premises or immediately adjacent
thereto.

Any area and/or structure used or intended to be used for
the conducting and operating of the business of selling, buying, storing
or trading in used or discarded metal, glass, paper, cordage or any
used or disabled fixtures, vehicles or equipment of any kind.

A story partly underground and having more than 1/2 of its
cubic volume above the average level of the finished grade. A basement
shall be considered a story for the purpose of determining the number
of stories.

A structure utilized for advertising an establishment, an
activity, a product, a service or entertainment, which is sold, produced,
manufactured, available or furnished at a place other than on the
property on which the sign is located.

The Board established pursuant to N.J.S.A. 40:55D-69 and
this chapter. The term "Board of Adjustment" as used in this chapter
also means the Planning Board when it is acting pursuant to N.J.S.A.
40:55D-60.

The licensed New Jersey professional engineer specifically
retained by the Board of Adjustment (or assigned by the Municipal
Engineer with the consent of the Board) to render engineering services
and advice to the Board. In the absence of the specific appointment
of the Board of Adjustment Engineer, the Municipal Engineer may assume
the duties of the office.

An open space area within a property or site, generally adjacent
to and parallel with the property line, either consisting of natural
existing vegetation or created by the use of trees, shrubs, fences,
and/or berms, designed to continuously limit view of and/or sound
from the site to adjacent sites or properties.

The area of a tract covered by buildings and roofed areas.
Building coverage is expressed as a percentage of the total lot area.
For residential dwellings only, a screened porch may be omitted as
building coverage.

A building for community service such as emergency medical
or fire protection or for civic, social, educational, cultural or
recreational activities of a neighborhood or community not operated
primarily for monetary gain.

The vertical dimension measured to the highest point of a building (subject to the exceptions in § 95-7.12) from the proposed average lot grade immediately adjacent to the building wall as shown on the grading plan of a site plan application, subdivision application, or variance application that has been approved by the appropriate municipal agency (Township Planning Board or Township Zoning Board of Adjustment) or plot plan submitted for a building permit. Such finished grade shall meet the requirements of § 95-8.3 and shall not include mounding, terracing, or other devices designed to allow increased building height. When a rear walk-out basement is proposed conforming to § 95-8.3C(4), the proposed lot grade immediately adjacent to the rear building wall shall not be included in the calculation used to determine average lot grade.

Materials that can be arranged, united, or joined to support,
frame, enclose, sheath, or be otherwise fashioned into a building
or structure. Such materials include, but are not limited to, rough
or dressed lumber, millwork, roofing, shingles, wallboard, molding,
plywood, sheetrock, bricks, doors, windows, paneling, or concrete
block.

The stockpiling or warehousing of materials, which may or
may not be enclosed within a structure, including, but not limited
to, sand, gravel, dirt, asphalt, lumber, pipes, plumbing supplies,
metal, concrete and insulation, agricultural and horticultural supplies
and products.

A business establishment which does not offer a product or
merchandise for sale to the public, but offers or provides a service,
primarily administrative or clerical in nature. Business offices are
all those offices which are not professional or medical offices and
includes but is not limited to the following:

An establishment that provides services as a principal use
to other businesses such as blueprinting, copying, and quick printing
services; computer-related services; and repair services for computers,
electronics, and similar types of office business equipment.

The actual road surface area from curbline to curbline, which
may include travel lanes, parking lanes, and deceleration and acceleration
lanes. Where there are no curbs, the cartway is that portion between
the edges of the paved, or hard surface, width.

A facility for the washing and cleaning of automobiles and
other motor vehicles using production line methods with a conveyor,
blower and other mechanical devices and/or providing space, material
and equipment to individuals for self-service washing and cleaning
of automobiles.

A story wholly or partly underground and having less than
1/2 of its cubic volume above the average level of the adjoining ground.
A cellar shall not be considered a story for the purpose of determining
the number of stories.

A document issued by the Zoning Officer for a nonconforming
use or structure existing at the time of passage of the zoning ordinance
or any amendment thereto which, pursuant to N.J.S.A. 40:55-48, may
be continued upon the lot or in the building so occupied. Such certificate
may be obtained at the owner's request upon any change of ownership
for nonconforming use, structure or lot.

A certificate issued upon completion of construction and/or
alteration of any building; or change in use of any building; or change
in occupancy of a nonresidential building. The certificate shall acknowledge
compliance with all requirements of this chapter, such adjustments
thereto granted by the Board of Adjustment or Planning Board and/or
all other applicable requirements.

Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage or power by such means as streets,
highway, railways, waterways, towers, airways, pipes and conduits,
and the handling of people and goods by such means as terminals, stations,
warehouses, and other storage buildings or transshipment points.

An integrated development planned, constructed, and operated
as a single unit, consisting of such uses as retail stores and shops,
personal service establishments, professional and business offices,
banks, post offices, and auditoriums, housed in an enclosed building
or buildings and utilizing such common facilities as customer parking,
pedestrian walkways, truck loading and unloading space, utilities,
and sanitary facilities.

A line within a tract or lot which designates the extent
of a proposed development or improvements, separate developments within
a single tract, or separate stages of development within the tract.
Proposed improvements within a tract or site plan shall be shown for
the entire tract, on both sides of any common development line.

An open space area within or related to a site designated
as a development, and designed and intended for the use or enjoyment
of residents and owners of the development. Common open space may
contain such complementary structures and improvements as are necessary
and appropriate for the use or enjoyment of residents and owners of
the development.

Any community residential facility housing up to 16 developmentally
disabled persons which provides food, shelter, and personal guidance
for developmentally disabled persons who require assistance, temporarily
or permanently, in order to live independently in the community. Such
residences shall not be considered health care facilities within the
meaning of the Health Care Facilities Planning Act, P.L. 1977, c.
136 (N.J.S.A. 26:2H-1 et seq.) and shall include, but not be limited
to, group homes, halfway houses, supervised apartment living arrangements
and hotels.

An application for development which complies in all respects
with the appropriate submission requirements set forth in this chapter,
including an application form and fees and escrows completed as specified
by this chapter and the rules and regulations of the municipal agency,
and all accompanying documents required by ordinance for approval
of the application for development, including where applicable, but
not limited to, a site plan or subdivision plat, provided that the
municipal agency may require such additional information not specified
in this chapter, or any revisions in the accompanying documents, as
are reasonably necessary to make an informed decision as to whether
the requirements necessary for approval of the application for development
have been met. The application shall not be deemed incomplete for
lack of any such additional information or any revisions in the accompanying
documents so required by the municipal agency. An application shall
be certified as complete immediately upon the meeting of all requirements
specified in this chapter and in the rules and regulations of the
municipal agency, and shall be deemed complete as of the day it is
so certified by the Administrative Officer for purposes of the commencement
of the time period for action by the municipal agency.

A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained in this chapter, and upon the issuance of an authorization
thereof by the Planning Board and/or Board of Adjustment to N.J.S.A.
40:55D-70d.

An ownership arrangement, not a land use; therefore, it is
allowed in any zone and under the same restrictions as the residential
land uses that it comprises. A condominium shall not negate lot nor
other requirements intended to provide adequate light, air, and privacy.
A condominium is a dwelling unit which has all of the following characteristics:

All or a portion of the exterior open space
and any community interior spaces are owned and maintained in accordance
with the provisions for open space, roads, or other development features
as specified in this chapter.

An easement to protect and conserve natural resources, landmarks,
or other significant site features, including, but not limited to,
wetlands, stream corridors, specimen trees, and steep slopes. The
easement must be approved by the appropriate municipal agency and
incorporated into the deed for the parcel containing the easement.
Provisions for the maintenance and/or dedication of an approved conservation
easement shall be determined at the time of approval.

A use which shall contain at least 150 sleeping rooms, each
having its own bathroom but no cooking facilities. Such use shall
also contain meeting rooms, office and temporary office space and
restaurants, and further provided that in no event shall such supporting
uses (restaurants, office space, banquet facilities and meeting rooms)
be less than 1/3 of the total floor area of the structure of structures
comprising convention center use.

A composite of the comprehensive plan or master plan for
the physical development of Monmouth County with the accompanying
maps, plats, charts, and descriptive and explanatory matter adopted
by the County Planning Board pursuant to N.J.S.A. 40:27-2 and N.J.S.A.
40:27-4.

Site features or characteristics having limited suitability
for development or disturbance. The following shall be considered
critical areas: floodways; areas of special flood hazard; wetlands
and their required transition areas; slope areas where the inclination
of the lands surface from the horizontal is 15% or greater over a
ten-foot interval; and stream corridors.

The relative size or magnitude of a major flood of reasonable
expectancy, which reflects both flood experience and flood potential
and is the basis of the delineation of the floodway, the flood hazard
area, and the water surface elevations.

A temporary water impoundment made by constructing a dam
or embankment by excavating a pit or dugout to collect surface water
in order to impede its flow and to release the same gradually at a
rate not greater than that prior to the development of the property,
into natural or man-made outlets and maintain or improve predevelopment
water quality.

The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development including the
holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.

The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure, or of
any mining excavation or landfill, and any use or change in the use
of any building or other structure, or land or extension or use of
land, for which permission may be required pursuant to N.J.S.A. 40:55D-1
et seq. and this chapter.

Experiencing a disability which originates before 18 years
of age, which has continued or is expected to continue indefinitely,
which constitutes a substantial handicap, and which is attributable
to mental retardation, cerebral palsy, epilepsy, autism, or other
conditions found by the Commissioner of Human Services to give rise
to an extended need for similar services.

Any part of the territory of the Township which is designated
as a zone on the Official Zoning Map (on file in the Township Clerk's
office) and to which certain uniform regulations and requirements
of this chapter apply.

The removal of surface water or groundwater from land by
subsurface drains, piping, conduits, structures, and culverts, grading
or other means and includes control of runoff during and after construction
or development to minimize erosion and sedimentation, to assure the
adequacy of existing and proposed culverts and bridges, to induce
water recharge into the ground where practical, to lessen nonpoint
pollution to maintain the integrity of stream channels for their biological
functions as well as for drainage and the means necessary for water
supply preservation or prevention or alleviation of flooding.

The lands required for the installation of drainage or drainage
ditches, or required along a natural stream or watercourse for preserving
the channel and providing for the flow of water therein to safeguard
the public against flood damage in accordance with N.J.S.A. 58:1 et
seq.,[5] State Water Policy Commission.

A building designed for, or containing three or more dwelling
units, which are entirely separated from each other by vertical walls
or horizontal floors, unpierced, except for access to outside or a
common cellar.

A building designed for, or containing three or more dwelling
units, which are entirely separated from each other by vertical walls
or horizontal floors, unpierced, except for access to outside or a
common cellar.

A building or part thereof having cooking, sleeping, and
sanitary facilities designed for, or occupied by one family, and which
is entirely separated from any other dwelling unit in the building
by vertical walls, or horizontal floors, unpierced, except for access
to the outside or a common cellar.

Public, parochial or private elementary or secondary schools,
duly licensed by the State of New Jersey, attendance at which is sufficient
compliance with the compulsory education requirements of the state.
Summer day camps shall not be considered as educational uses or accessories
to such uses. Duly accredited colleges and universities shall also
be considered educational uses.

A sign or portion of a sign, that displays an electronic
image or video, which may or may not include text. Electronic display
screens include television screens, plasma screens, digital screens,
flat screens, LED screens, video boards, holographic displays, and/or
technologies of a similar nature.

Features, natural resources, or land characteristics that
are sensitive to improvements and may require conservation measures
or the application of creative development techniques to prevent degradation
of the environment, or may require limited development, or in certain
instances may preclude development.

Underground gas, electrical, telephone, telegraph, sanitary
sewer collection systems, or water transmission or distribution systems,
including mains, drains, sewers, pipes, conduits, cables, and normal
aboveground appurtenances such as fire alarm boxes, police call boxes,
light standards, poles, traffic signals, and hydrants, and other similar
equipment and accessories in connection therewith, reasonably necessary
for the furnishing of adequate service by public utilities or municipal
or other governmental agencies for the public health or safety or
general welfare. Essential services shall not be deemed to include
wireless telecommunications towers and antennas.

The excavation, removal, replacement, repair, construction,
or other disturbance of any portion of the public improvements within
a public street or drainage right-of-way. These public improvements
include but are not limited to curb, sidewalk, driveway, and driveway
aprons, drainage structures and conduits, pavements, base courses,
gutters, retaining walls, channels, headwalls, railings, guardrails,
or any other public improvement existing within the public right-of-way.
For the purposes of this chapter, that work which is being performed
outside of the public right-of-way, but which requires the storage
of materials or the operation of equipment within the public right-of-way,
in such a manner as may cause damage, will also be deemed excavation
work. Excavation work shall also include the construction, addition,
installation, or other provision of the whole or portions of the improvements
within a public street, drainage right-of-way or other public way
or public grounds by persons other than those exempted from the provisions
of this chapter including privately sponsored construction of curbing,
sidewalks, pavement extensions, aprons, drainage or any other portions
of the public improvements.

Individual applications for accessory mechanical
or electrical equipment, whose operation and location conforms to
the design and performance standards of this chapter, and whose installation
is on a site already occupied by an active principal use for which
site plan approval is not otherwise required.

Sign(s) which installation is on a site already
occupied by a principal use for which site plan approval is not otherwise
required and provided such sign(s) conform to the applicable design
and zoning district regulations of this chapter.

Demolition of any structure or building not
listed on the State or National Register of Historic Places or identified
as a historic site on the Master Plan, provided that the demolition
does not involve changes to the site outside the limits of the structure
or building nor does it create any nonconformity.

One or more persons living together as a single entity or
nonprofit housekeeping unit, as distinguished from individuals or
groups occupying a hotel, club, fraternity or sorority house. The
family shall be deemed to include necessary servants when servants
share the common housekeeping facilities and services.

The official action of the Planning Board taken on a preliminary
approved major subdivision or site plan after all conditions, engineering
plans and other requirements have been completed or fulfilled and
the required improvements have been installed or guarantees properly
posted for their completion, or approval conditioned upon the posting
of such guarantees.

The final map of all or a portion of the site plan or subdivision
which is presented to the Planning Board for final approval in accordance
with the provisions of this chapter, State of New Jersey Map Filing
Law, and when approved shall be filed with the proper county office.

A building occupied by two or more uses permitted in the
zone and/or two or more of the following uses: contractor's offices
and shops; establishments for production, processing, assembly, manufacturing,
compounding, preparation, cleaning, servicing, testing, or repair
of materials, goods or products, provided such activities or materials
create no hazard from fire or explosion, or produce toxic or corrosive
fumes, gas, smoke, obnoxious dust or vapor, offensive noise or vibration,
glare, flashes, or objectionable effluent; warehousing establishments,
wholesale trade establishments, and offices.

The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
0.2 foot.

The sum of the gross areas of the floor or floors of a building
or structure including parking levels, basements and cellars, measured
between the inside faces of exterior walls or from the center line
of walls common to two structures or uses. For the purpose of determining
required parking, enclosed parking levels will not be considered floor
area. In addition, the floor area of basements or cellars will be
used to determine parking only where a ceiling height of seven feet
or greater is used.

The sum of the gross horizontal areas of the floor or several
floors of a commercial building which are used for display of merchandise
to the general public and including any areas occupied by counters,
showcases, or display racks, and any aisles, entranceways, arcades,
or other such public areas.

A building or part thereof, other than a private garage,
used for the storage, care or repair of motor vehicles for profit,
including any sale of motor vehicle accessories, or where any such
vehicles are kept for hire. The rental of storage space for more than
two motor vehicles not owned by occupants of the premises shall be
deemed a public garage.

An area of 50 or more contiguous acres containing a full
size professional golf course, at least nine holes in length, together
with the necessary and usual accessory uses and structures such as,
but not limited to, clubhouse facilities, dining and refreshment facilities,
swimming pools, tennis courts, and the like, provided that the operation
of such facilities is incidental and subordinated to the operation
of a golf course.

A planned development of one or more contiguous parcels of
land having a total gross land area of 350 or more acres inclusive
of wetlands, flood hazard areas, stream corridors, hydric soils, and
steep slope areas, under common ownership or control, which is to
be developed with combined recreational and residential uses which
shall provide and be limited to residential dwelling units in detached,
semidetached, attached, groups of attached or clustered structures,
or any combination thereof, and developed in conjunction with certain
specified recreational entities including golf courses, and related
golf course or country club and club house facilities, which shall
be designed to maximize the preservation of recreational area, open
space and the environment.

All words, letters, numbers, symbols, colors, shapes, etc.,
which appear on the sign face and are intended to convey a visual
message. Total graphic content coverage of a sign shall be measured
by computing the area of the smallest geometric figure which can encompass
all words, letters, figures and other elements of the sign message.

The sum of the gross horizontal areas of the floor(s) of
a building which are enclosed and usable for human occupancy. The
areas shall be measured between the inside face of exteriors walls
or from the center line of walls separating two dwelling units. The
areas shall not include cellars, garage space, utility rooms, screened
porches or accessory building space. For a nonresidential use in the
RT Zone, it shall apply to all areas intended for human occupancy.

The gross habitable floor area of a residential building
compared to its lot area. The ratio is calculated by summing the gross
habitable floor area of all building floors and dividing by the lot
area.

Any room within a building used for the purpose of sleeping,
eating, preparation of food, offices, selling of merchandise, public
gatherings, or assembly lobbies. All habitable rooms within a dwelling
unit shall have natural light, ventilation, and heat. Garages, bathrooms,
closets, storage areas, hallways, stairs are not considered to be
habitable rooms.

Including, but not limited to, inorganic mineral acids of
sulfur, fluorine, chloride, nitrogen, chromium, phosphorus, selenium
and arsenic and their common salts; lead, nickel, and mercury and
their inorganic salts or metallo-organic derivatives; coal tar acids,
such as phenols and cresols, and their salts; petroleum products;
and radioactive materials and all materials identified as such by
the United States Environmental Protection Agency and the New Jersey
Department of Environmental Protection.

An area of defined dimensions, either at ground level or
elevated on a structure designated for the landing or takeoff of helicopters
but not limited in use to that sole purpose. Helistops have minimal
or no support facilities and may be located in multiple use areas,
such as parking lots or suitable open areas.

The facility or institution, whether public or private, engaged
principally in providing services for health maintenance organizations,
diagnosis, or treatment of human disease, pain, injury, deformity,
or physical condition, including, but not limited to, a general hospital,
special hospital, mental hospital, public health center, diagnostic
center, treatment center, rehabilitation center, extended care facility,
skilled nursing home, nursing home, intermediate bio-analytical laboratory
(except as specifically excluded hereunder) or central services facility
serving one or more such institutions but excluding institutions that
provide healing solely by prayer and excluding such bio-analytical
laboratories as are independently owned and operated, and are not
owned, operated, managed, or controlled, in whole or in part, directly
or indirectly, by any one or more health care facilities, and the
predominant source of business of which is not by contract with health
care facilities within the State of New Jersey and which solicit or
accept specimens and operate predominantly in interstate commerce.

When referring to a wireless telecommunications tower or
other structure, the distance measured from the finished grade to
the highest point on the tower or other structure, including the base
pad and any antenna. (See also the definition of "building height.")

Any real property, man-made structure, natural object or
configuration or any portion or group of the foregoing which has been
formally designated in the Master Plan as being of historical, archaeological,
cultural, scenic or architectural significance.

Any use customarily conducted for profit entirely within
a dwelling and carried on by the inhabitants thereof, which use is
clearly incidental and secondary to the use of the dwelling for dwelling
purposes, and does not change the character thereof, provided that
no article is sold or offered for sale except such as may be produced
by members of the immediate family residing in the dwelling; and provided,
further, that no machinery or equipment used which will cause electrical
or other interference with radio and television reception in adjacent
residences, or cause offensive noise or vibration. Such activities
as clinics, hospitals, barbershops, beauty parlors, tea rooms, tourist
homes, animal hospitals, nursery schools, and music or dancing schools
other than for individual instruction shall not be deemed home occupations
under the terms of this chapter.

A building or series of buildings, primarily for treatment
of patients to be housed on the premises, and providing health, medical
and surgical care for sick or injured human beings, including as an
integral part of the building, such related facilities as laboratories,
outpatient departments, clinics, training facilities, central service
facilities and staff offices. The definition of "hospital" shall not
include nursing homes, medical care centers and the like.

A building providing a minimum of 100 rental units for overnight
accommodations for hire to the traveling public. Each rental unit
should contain at least one bathroom for the use of that rental unit.
The rental units shall not contain cooking facilities. Twenty percent
of the gross habitable floor area of the building shall be used for
restaurants, recreation facilities and meeting rooms.

A building meeting the definition of "hotel" herein but which
includes rental units intended and designated for the temporary extended
stay of travelers who have a permanent residence elsewhere. Each rental
unit for the extended stay of travelers shall have a private bathroom
and cooking facilities. The building shall be operated, maintained
and advertised as a hotel with extended-stay units, and it shall not
be maintained, operated, used or advertised as an apartment complex
or facility. The extended-stay hotel shall contain a central lobby,
a hotel reception desk that is open and staffed at all times, and
a restaurant.

The surface area of a lot covered by buildings and structures
and by accessory buildings or structures. "Impervious area" shall
include all parking areas, sidewalks, walkways, patios, automobile
access driveways, and/or storage areas, whether or not covered by
an impervious surface, and all other impervious surfaces except as
indicated on the zoning district schedule of regulations. The impervious
area of a lot expressed as a percentage is equal to lot coverage.

The area of a lot for the placement of principal buildings,
off-street parking lots, and off-street loading areas which is located
within the envelope delineated by the required yards, or buffers of
the zone district and which is not encroached upon by any of the following
features:[8]

An area classified as a floodway by the New Jersey Department of Environmental Protection or as an area of special flood hazard or floodway pursuant to § 113-4, Definitions, of Chapter 113, Flood Damage Prevention, of the Township Code.

Wetlands or any required wetlands transition
area pursuant to the New Jersey Freshwater Wetlands Protection Act
(N.J.S.A. 13:9B-1 et seq.), except where construction, fill, or disturbance
has been authorized pursuant to the Freshwater Wetlands Act.

A street curbed and paved in accordance with the standards
set forth in this chapter for new streets or, alternately, a street
which has been improved to the standards specified by the Township
Engineer.

In the case of a civil proceeding in any court
or in an administrative proceeding before a municipal agency, any
person, whether residing within or without the municipality, whose
rights to use, acquire, or enjoy property is or may be affected by
any action taken under N.J.S.A. 40:55D-1 et seq. or under any other
law of this state or of the United States have been denied, violated
or infringed by an action or failure to act under N.J.S.A. 40:55D-1
et seq. or this chapter.

A street used for internal vehicular circulation within a
tract or development. Major internal streets are those internal streets
which have an entrance and/or exit on the access street or right-of-way
frontage of the tract. Internal streets may be private and not dedicated
or deeded to the public, but shall meet all municipal street design
standards, subject to approval by the Planning Board and by the Municipal
Engineer.

A syllable of a word, an initial, a logo, an abbreviation,
a number, a symbol, or a geometric shape, provided that a name of
an activity shall never be counted as containing more than four items
of information regardless of the number of syllables.

The use of any area and/or structure for the keeping or abandonment
of junk, including scrap metal, glass, paper, cordage, or other scrap
material, or for the dismantling, demolition or abandonment of structures,
automobiles or other vehicles, equipment and machinery, or parts thereof;
provided, however, that this definition shall not be deemed to include
any of the foregoing uses which are accessory and incidental to any
agricultural use permitted in any zone or storage of hazardous materials.
The storage or other use of temporarily disabled licensed vehicles
in conjunction with a motor vehicle repair garage or motor vehicle
service station shall not be considered a junkyard.

Natural or man-made bodies of water which normally contain
or retain water for extended periods. Ponds are bodies of water with
a surface area, measured under ten-year storm conditions, of two acres
or less. Lakes are bodies of water with a surface greater than two
acres, measured under ten-year storm conditions. The shoreline of
a lake or pond is measured at the perimeter of the surface of water
under ten-year storm conditions, as certified by the applicant's licensed
land surveyor, and approved by the Municipal Engineer.

The orderly, planned arrangement of shrubs, ground cover,
flowers, trees and other plant material, including incidental use
of berms and decorative mulches, gravel and similar materials to produce
an aesthetically pleasing appearance, to satisfy ground stabilization
requirements, and/or providing a visual screen, all arranged and implemented
in accordance with good landscaping and horticultural practices.

Fabrication, assembly or processing of goods or materials,
or the storage of bulk goods and materials where such activities or
materials create no hazard from fire or explosion, or produce toxic
or corrosive fumes, gas, smoke, obnoxious dust or vapor, offensive
noise or vibration, glare, flashes or objectionable effluent.

An off-street space or berth on the same lot with a building,
or contiguous to a group of buildings, for the temporary parking of
a commercial vehicle while loading or unloading merchandise or materials.
Such space must have clear means of ingress and egress to a public
street at all times.

Any sewage authority created pursuant to the Sewerage Authorities
Law, P.L. 1946, c. 138 (N.J.S.A. 40:14A-1 et seq.); any utilities
created pursuant to the Municipal and County Utilities Authority Law,
P.L. 1957, c. 183 (N.J.S.A. 40:14B-1 et seq.); or any utility, authority,
commission, special district or other corporate entity not regulated
by the Board of Regulatory Commissioners under Title 48 of the Revised
Statutes that provides gas, electricity, heat, power, water, or sewer
service to a municipality or the residents thereof.

The shortest distance between the front lot line and a line
parallel to the front lot line through the midpoint of the rear lot
line, provided that, in triangular lots having no rear lot line, the
distance shall be measured to the midpoint of a line parallel to the
front lot line which shall not be less than 10 feet in length measured
between its intersections with the side lot lines. On corner lots,
one side lot line shall be considered a rear lot line for the purpose
of determining lot depth.

The distance measured on a horizontal plane between the side
lot lines measured along the street line. The minimum lot frontage
shall not be less than the required lot frontage except that on curved
alignments with an outside radius of less than 500 feet, the minimum
distance between the side lot lines measured at the street line shall
not be less than 70% of the required minimum lot frontage. Where the
lot frontage is so permitted to be reduced, the lot width at the building
setback line shall not be less than the required minimum frontage
of the zone district and further provided that no lot shall have a
frontage less than 75 feet, unless specifically provided for by the
zone district regulations. For the purpose of this chapter, only continuous
uninterrupted lot lines shall be accepted as meeting the frontage
requirements.

A lot line along the street or road which is most nearly parallel to that part of the building where the main entrance is located, provided however, that where this cannot be determined, the municipal agency can choose to designate the front lot line as the line running along the street named in the property's postal address, where applicable.

Any security, which may be accepted by the Township for the
maintenance of any improvements required by N.J.S.A. 40:55D-1 et seq.
and this chapter, including, but not limited to, surety bonds, letters
of credit, under the circumstances specified in N.J.S.A. 40:55D-53.5,
and cash.

A person afflicted with mental disease to such an extent
that a person so afflicted requires care and treatment for his own
welfare, or the welfare of others, or of the community, but shall
not include a person who has been committed after having been found
not guilty of a criminal charge or unfit to be tried on a criminal
charge by reason of insanity.

Housing facilities for farm workers, provided that such housing
facilities for transient or migratory farm workers shall be occupied
only during that period of time when workers are engaged in agricultural
pursuits and that the facilities for transient or migratory farm workers
shall not be occupied during those periods when agricultural growing
and harvesting activities are not in progress. Nothing in this section
shall be deemed to permit the establishment of housing facilities
for labor not engaged in activities of an agricultural nature. Housing
facilities shall be located not closer than 200 feet to any property
line. In no event shall such facilities be occupied more than six
months in any calendar year.[9]

Meets the requirements set forth in Article
XII of this chapter and contains the information needed to make an
informed determination as to whether the requirements established
by this chapter for approval of a minor site plan have been met, and

A subdivision of land for the creation of not more than two
lots plus the remainder of the original lot provided such subdivision
does not involve a planned development, any new street, or the extension
of any off-tract improvement, the cost of which is to be prorated
pursuant to N.J.S.A. 40:55D-42 and provided that the municipal agency
or the Subdivision Committee of the Planning Board finds that all
the following conditions have been met:

That curbs and sidewalks have been installed
or that the developer agrees to install and post performance guarantees
for curbs and sidewalks, or that curbs and sidewalks are not required
due to specific conditions in the area.

That the subdivision is not in conflict with
any provision or portion of the Master Plan, Official Map or this
chapter or that appropriate variances have been obtained (or must
be obtained as a condition of approval).

That no portion of the lands involved represent
a further subdivision of an original tract of land for which one or
more previous minor subdivisions have been approved by the municipal
agency and the combination of the number of lots under the proposed
and previously approved minor subdivision(s) would have constituted
a major subdivision if filed together. The "original tract of land"
shall be defined as any tract of land in existence as of November
12, 1968.

A building or portion of a building or land, or portion thereof,
which is not primarily devoted to the retail sale of gasoline or new
or used automobiles or trucks, in which auto body work or the overhauling
or replacement of automobiles, automobile parts, or any portion thereof,
is conducted as a business for profit.

Any area of land, including structures thereon, which is
used for the retail sale of gasoline or any other motor vehicle fuel
and oil and other lubricating substances, including any sale of motor
vehicle accessories and which may include facilities for lubricating,
washing or servicing of motor vehicles, except that auto body work
of any nature and retail sales unrelated to motor vehicle uses shall
be prohibited.

A layer of wood chips, dry leaves, straw, hay, plastic, or
other materials placed on the surface of the soil around plants to
retain moisture, prevent weeds from growing, hold the soil in place,
and aid plant growth.

An integrated development planned, constructed, and operated
as a single unit consisting of retail stores and shops, personal service
establishments, professional and business offices, and banks in an
enclosed building or buildings and utilizing such common facilities
as customer parking, pedestrian walkways, truck loading and unloading
space, utilities, and sanitary facilities. A neighborhood shopping
center is designed to provide convenient shopping for the general
neighborhoods in which it is located without attracting regional traffic.

A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of this chapter, but
which fails to conform to requirements of the zoning district in which
it is located by reason of such adoption, revision or amendment.

A structure the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of a zoning ordinance,
but which fails to conform to the requirements of the zoning district
in which it is located by reasons of such adoption, revision, or amendment.

A use or activity which was lawful prior to the adoption,
revision, or amendment of this chapter, but which fails to conform
to the requirements of the zoning district in which it is located
by reason of such adoption, revision or amendment.

Pollution from any source other than from any discernible,
confined, and discrete conveyances, and shall include, but not be
limited to, pollutants from agricultural, silvacultural, mining, construction,
subsurface disposal and urban runoff sources.

Located outside the lot lines of the lot in question, but
within the property limits (of which the lot is a part) which is the
subject of a development application. Off-site areas shall include
any contiguous portion of a street or right-of-way.

Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space, provided that such
areas may be improved with only those buildings, structures, streets
and other improvements that are designed to be incidental to the natural
openness of the land.

An accessory structure placed year round in a fixed location
in a yard or open space to provide a decorative or ornamental element
to the grounds and gardens of the principal use. Ornamental landscape
structures shall include, but are not necessarily be limited to, fountains,
reflecting ponds, trellis, entry posts or stanchions, lampposts, and
other such structures.

An open area used for the open storage of motor vehicles
and includes any driveways and access drives, as well as accessory
incidental structures or improvements such as curbing, drainage, lighting,
landscaping, and signing.

An off-street space provided for the parking of a motor vehicle
exclusive of driveways or access drives, either within a structure
or garage or in the open or as may be otherwise defined in this chapter.

An area of land not used for receiving and storing material
where the grounds have been surfaced with construction material such
as brick, stone, concrete or lumber, which does not project above
grade level and which is entirely uncovered by a roof or any superstructure.

Any establishment showing to patrons in private or semiprivate
viewing areas the live or photographic or magnetically recorded depictions
of persons engaged in the presentation and exploitation of illicit
sex, lust, passion, depravity, violence, brutality, nudity, immorality
and other obscene subjects.

An act by which skills of one person are utilized for the
benefit of another, provided no function involves manufacture, cleaning,
repair, storage or distribution of products or goods except for cleaning
and repairing of clothing and similar personal accessories.

Any substance or mixture of substance labeled, designed,
or intended for use in preventing, destroying, repelling, sterilizing
or mitigating any insects, rodents, nematodes, predatory animals,
fungi, weeds and other forms of plant or animal life or viruses, except
viruses on or in living man or other animals. The term pesticide shall
also include any substance or mixture of substances labeled, designed
or intended for use as a defoliant, desiccant, or plant regulator.

A building or group of buildings for public worship including
cathedrals, chapels, churches, meeting houses, synagogues, temples,
and similarly used buildings, as well as accessory uses such as Sunday
schools, social halls, parish houses, and similar type buildings.

An area of a minimum contiguous size as specified by ordinance
to be developed according to a plan as a single entity containing
one or more structures with appurtenant common areas to accommodate
commercial or office uses or both and any residential and other uses
incidental to the predominant use as may be permitted by ordinance.

An area of a minimum contiguous size as specified by ordinance
to be developed according to a plan as a single entity containing
one or more structures with appurtenant common areas to accommodate
industrial uses and any other uses incidental to the predominant use
as may be permitted by ordinance.

One or more contiguous parcels of land having a total land
area of 25 or more acres under common ownership or control which is
planned for development with residential dwelling units and other
structures and facilities designed and limited to occupancy by persons
55 years of age or older and children 19 years of age or over. The
ownership of the residential units and an area comprising the PRC
shall be in accordance with the provisions of N.J.S.A. 46:8B-1 et
seq. or in fee simple in conjunction with a homeowners' association,
and all sale, resale, rental leasing or occupancy of the units or
any of the structures comprising the PRC shall be subject to and must
comply with the terms and conditions of this chapter.

An area with a specified minimum contiguous acreage of 10
acres or more to be developed as a single entity according to a plan,
containing one or more residential clusters or planned unit residential
developments and one or more public, quasi-public, commercial, or
industrial areas in such ranges of ratios of nonresidential uses to
residential uses as shall be specified in the zoning ordinance.

An area with a specified minimum contiguous acreage of five
acres or more to be developed as a single entity according to a plan
containing one or more residential clusters, which may include appropriate
commercial, or public or quasi-public uses, all primarily for the
benefit of the residential development.

The municipal Planning Board established pursuant to N.J.S.A.
40:55D-23. The term "Planning Board" as used in this chapter also
means the Board of Adjustment when it is acting pursuant to N.J.S.A.
40:55D-76.

The licensed New Jersey professional engineer specifically
retained by the Planning Board or assigned by the Municipal Engineer
(with the consent of the Board) to render engineering services and
advice to the Board. In the absence of the specific appointment of
a Planning Board Engineer, the Municipal Engineer may assume the duties
of the office.

The map or maps of all or a portion of the development prepared
and submitted to the approving authority for final approval. Final
plat shall also include and be synonymous with the term final site
plan.

The plat prepared and submitted to the approving authority
as a part of the application for preliminary approval. Preliminary
plat shall also include and be synonymous with the term preliminary
site plan.

The conferral of certain rights pursuant to N.J.S.A. 40:55D-46,
40:55D-48, and 40:55D-49 prior to final approval after specific elements
of a development plan have been agreed upon by the Planning Board
and the applicant.

Architectural drawings prepared by a New Jersey registered
architect during early and introductory stages of the design of a
project illustrating in a schematic form, its scope, scale, relationship
to its site and immediate environs and exterior colors and finishes.

An area of land within a lot or lots having specific dimensions
and metes and bounds, which shall be a part of the area of a lot or
lots to which same provides a means of access. Such private access
easements when approved according to law shall be recorded.

An area of land having specific dimensions and metes and
bounds, which area may be a part or separate part of a lot or lots
to which same provides a means of access. Such private street(s) when
approved according to law shall be recorded.

The office of a member of a recognized profession, which
shall only include the office of doctors or physicians, psychologists,
dentists, optometrists, ministers, architects, professional engineers,
professional planners, land surveyors, lawyers, artists, authors,
attorneys, musicians, accountants, and insurance agents and real estate
brokers with five or fewer brokers or sales agents. An animal hospital
or veterinarian's office shall not be considered a professional office
for the purpose of this chapter.

That use which is not specifically allowed or permitted in
a particular zone and for which the granting of a variance of N.J.S.A.
40:55D-70d would be necessary, in order to provide that use in that
particular zone.

The land reserved or dedicated for the installation of stormwater'
sewers or drainage ditches, or required along a natural stream or
watercourse for preserving the biological as well as drainage function
of the channel and providing for the flow of water to safeguard the
public against flood damage, sedimentation, and erosion and to assure
the adequacy of existing and proposed culverts and bridges, to induce
water recharge into the ground where practical, and to lessen nonpoint
pollution.

An open space area conveyed or otherwise dedicated to the
Township, a municipal agency, Board of Education, federal, state,
or county agency, or other public body for recreational or conservational
uses.

Facilities and open space areas set aside, designed and/or
improved, and used for recreation purposes, and may include, but shall
not be limited to, playfields, golf courses, playgrounds, swimming
pools, tennis courts, and other court games, tot lots, parks, picnic
areas, nature preserves, boating and fishing areas and facilities.

A vehicular type unit primarily designed as temporary living
quarters for recreational, camping, or travel use, which either has
its own motive power or is mounted on or drawn by another vehicle.
The basic entities are travel trailer, camping trailer, truck camper,
and motor home.

A yard space that has been prepared and improved with a playing
surface designed to serve as a multipurpose recreational structure
that accommodates yard games and outdoor recreation equipment and
activities and which is accessory to a residential dwelling.

Any establishment, however designated, at which food is sold
for consumption on the premises, normally to patrons seated within
an enclosed building. However, a snack bar at a public or community
playground, playfield, park, or swimming pool operated solely by the
agency or group operating the recreation facilities, and for the convenience
of patrons of the facility, shall not be deemed to be a restaurant.

A restaurant which is designed for and whose primary function
and operation is the preparation and service by employees of meals
to a customer or customers seated at the table at which the meal is
consumed. A category one restaurant operates without substantial carry-out
service; with no delivery service; with no drive-through, drive-in,
or service in vehicles; and without service at counters or bars unless
the restaurant is licensed to serve alcoholic beverages.

A restaurant whose primary function is the preparation and
service by employees of food or drink to customers as part of an operation
which may be designed with carry-out service; delivery service; self-service;
or on-premises consumption, except that no drive-in, drive-through,
or service in vehicles is permitted.

A restaurant whose primary function is the preparation and
service by employees of food or drink to customers as part of an operation
which may be designed with carry-out service; delivery service; self-service;
on-premises consumption; or customer pickup service utilizing a vehicular
drive-through.

An establishment where the majority of the patrons purchase
food, soft drinks, ice cream, and similar confections for takeout
or consumption on the premises but outside the confines of the principal
building, or in automobiles parked upon the premises, regardless of
whether or not, in addition thereto, seats or other accommodations
are provided for the patrons.

The alteration of any streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but does not include conveyances so
as to combine existing lots by deed or by other instrument so long
as only one use exists on the combined lot.

Relating to the sale of goods in small quantities to ultimate
consumers for personal or household consumption and not bulk sale
of goods to customers engaged in the business of reselling goods.
A retail use is open to the general public and its patronage is not
restricted by a membership requirement.

A retail use that stocks an inventory of goods in large quantities
for the purpose of selling retail from a building in which the goods
are held and which utilizes warehouse stack storage techniques on
the sales floor area. A retail stack storage use is open to the general
public and its patronage is not restricted by a membership requirement.

A strip of land occupied or intended to be occupied by a
street, crosswalk, railroad, road, electric transmission line, gas
pipeline, water main, sanitary or storm sewer main, shade trees, or
for another special use.

The triangular area intended to remain free of visual obstructions
to prevent potential traffic hazards formed by two intersecting street
lines or the projection of such lines which border a corner property,
and by a line connecting a point on each such line located a designated
distance from the intersection of the street right-of-way lines.

Any writing (including letter, word or numeral), pictorial
presentation (including illustration), decoration (including any material
or color forming an integral part of other sign elements or used to
differentiate such decoration from its background), emblem (including
device, symbol or trademark), flag (including banner, balloon or pennant),
or any other device, figure, logo, or similar character which:

Is located and maintained as a freestanding
structure or any part of a structure, or located and maintained on
a building or other structure or device by being placed, installed,
attached, affixed, fastened, pasted, posted, painted, printed, nailed,
tacked or in any other manner thereon or thereto; and

That portion of a building fronting on a public roadway or
public parking facility, free of any projection, relief, cornice,
column, change of building material, window or door opening extending
from the finished grade of the building to the bottom of the lowest
second floor window sill or to a height of 20 feet, whichever is less,
and along the entire length of the building which fronts the public
street or public parking facility.

Any sign that is displayed upon, against or through any material
or color surface or backing that forms an integral part of such display
and differentiates the total display from the background against which
it is placed.

Any other information that may be reasonably
required in order to make an informed determination pursuant to the
provisions of this chapter requiring review and approval of site plans
by the Planning Board adopted pursuant to N.J.S.A. 40:55D-37 et seq.

A plan which fully indicates necessary land treatment measures,
including a schedule of the timing for their installation, which will
effectively minimize soil erosion and sedimentation. Such measures
shall be equivalent to or exceed standards adopted by the New Jersey
State Soil Conservation Committee and administered by the Freehold
Soil Conservation District in conformance with N.J.S.A. 40:55-120.[12]

Standards, requirements, rules and regulations
adopted by this chapter pursuant to N.J.S.A. 40:55D-65(d) regulating
noise levels, glare, airborne or sonic vibrations, heat, electronic
or atomic radiation, noxious odors, toxic matters, explosive and inflammable
matters, smoke, and airborne particles, waste discharge, screening
of unsightly objects or conditions and such other similar matters
as may be reasonably required by the municipal; or

The plan established pursuant to P.L. 1985, c. 398, designed
for use as a tool for assessing suitable locations for infrastructure,
housing, economic growth and conservation in the State of New Jersey.

Any pond or lake or perennial or intermittent waterway depicted
on any of the following: the most recent United States Geological
Survey 7.5 minute topographic map quadrangles; the Monmouth County
Soils Report prepared by the U.S. Soil Conservation Service; the Natural
Resource Inventory for the Township of Manalapan.

The stream channel (the bed and banks of a stream that confine
and conduct continuously or intermittently flowing water or the bed
and banks of a pond or lake), the area within the one-hundred-year
floodline, and the stream corridor buffer. Where no one-hundred-year
floodline has been delineated, the stream corridor shall consist of
the stream channel and stream corridor buffer area.

An area extending a minimum of 75 feet and an average distance of 100 feet from the one-hundred-year floodline or from the boundary of the flood hazard overlay district established pursuant to § 95-5.6B of this chapter. If there is no one-hundred-year floodline delineated, the distance shall be measured outward from the bank of the stream channel, lake, or pond. If slopes greater than 10%, or wetlands, or wetland transition areas abut the outer boundary of the stream corridor, the area of such slopes, wetlands and wetland transition areas shall also be included within the boundaries of the stream corridor buffer area.

Which is shown on a plat duly filed and recorded
in the office of the county recording officer prior to the appointment
of a Planning Board and grant to such Board of the power to review
plats; and includes the land between the street lines, whether improved
or unimproved, and may comprise pavement, shoulders, gutters, curbs,
sidewalks, parking areas and other areas within the street lines.

The conceptual arrangement of streets based upon function.
A hierarchical approach to street design classifies streets according
to function, from high-traffic arterial roads down to streets whose
function is residential access. Systematizing street design into a
road hierarchy promotes safety, efficient land use, and residential
quality.

The line which separates the publicly owned or controlled
street right-of-way from the private property which abuts upon the
street; as distinct from a sidewalk line, curb line, or edge-of-pavement
line. On a street or highway shown on the adopted Master Plan of the
Township of Manalapan, the street line shall be considered to be the
proposed right-of-way line for the street. Where a definite right-of-way
has not been established, the street line shall be assumed to be at
a point 25 feet from the center line of the existing pavement.

A street that does not have an all-weather pavement. An unimproved
street could be constructed of loose gravel, any type of loose stone,
or generally, any type of material that is not solidified and will
not repel water or maintain a stable cross-section under all weather
conditions. In the event that the Construction Official or other Township
official has any question as to whether a road is improved, unimproved,
or potential drainage problems exist with regard to the issuance of
a development permit, building permit or certificate of occupancy,
such official shall contact the Township Engineer for his evaluation
and written determination.

The division of a lot, tract, or parcel of land into two
or more lots, tracts, parcels or other divisions of land for sale
or development. The following shall not be considered subdivisions
within the meaning of this act, if no new streets are created:

The conveyance of one or more adjoining lots,
tracts or parcels of land, owned by the same person or persons and
all of which are found and certified by the Zoning Officer to conform
to the requirements of the development regulations contained in this
chapter for frontage on an improved street, zoning district regulations,
and for design standards and improvement specifications; and further
provided that each lot, tract, or parcel of land is shown and designated
as separate lots, tracts, or parcels on the official Tax Map of the
Township. Those adjoining lots, tracts, or parcels of land shown on
the official Tax Map of the Township which are owned by the same person
or persons but which individually do not conform to the zoning district
regulations and/or which do not meet the required frontage on an improved
street shall be treated under this chapter as a single parcel of land
no portion of which may be conveyed without subdivision approval as
prescribed by this chapter. The term "subdivision" shall also include
the term "resubdivision."

A swimming pool located on a single family lot with a residence
on it and used as an accessory to the residence, and the pool is utilized
with no admission charges and not for the purpose of profit.[13]

A dwelling unit occupied by a single family, which unit is
attached to another by a common bearing structural element, together
with perpetual access and use of the open space designed as an integral
part of each unit provided either by fee simple ownership, owners'
association or other means ensuring perpetual access and use, and
having been constructed in conformity with applicable rules, regulations
and ordinances of the Township of Manalapan.

An area of land consisting of one or more contiguous lots
under single ownership or control, used for development or for a common
purpose. Tract is interchangeable with the words, development area,
site and property.

A vehicle used or so constructed as to permit its being used
as a licensed conveyance upon the public streets or highways and constructed
in such a manner as will permit its occupancy as a place of day-to-day
habitation for one or more persons. This term shall also include automobile
trailers and house trailers; however, travel trailers which are under
eight feet in width and under 25 feet in length and are not used for
purposes of day-to-day habitation shall not be included.

An area of land adjacent to a freshwater wetland which minimizes
adverse impacts on the wetland or serves as an integral component
of the wetlands ecosystem and which is regulated pursuant to N.J.S.A.
13:9B-1 et seq.

A single or one-way vehicle movement to or from a property
or study area. Trips can be added together to calculate the total
number of vehicles expected to enter and leave a specific land use
or site over a designated period of time.

The specific purposes for which a parcel of land or a building
or a portion of a building is designed, arranged, intended, occupied
or maintained. The term "permitted use" or its equivalent shall not
be deemed to include any nonconforming use.

The sum of the gross horizontal area of each floor of a nonresidential
building exclusive of the following: major vertical penetrations (such
as stairwells and elevator shafts); floor space used for mechanical
equipment needed in the operation of the building; cellar, basement,
or attic space not intended for human occupancy and having a clear
standing headroom of seven feet or less; and architectural amenities
such as atrium or lobby space or common spaces designed for the public
convenience such as covered walkways or colonnades.

An area regulated by the New Jersey Freshwater Wetlands Act
(N.J.S.A. 13:9B-1 et seq.) that is inundated or saturated by surface
water or groundwater at a frequency and duration sufficient to support,
and that under normal circumstances does support, a prevalence of
vegetation typically adapted for life in saturated soil conditions,
commonly known as hydrophytic vegetation.

A sign which is part of or affixed or attached to the interior
or exterior of a window or otherwise part of a window and located
within 18 inches of the interior of the window and which can be seen
from a public street or public parking facility.

Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio and similar communication purposes, including self-supporting
lattice towers, guyed towers, or monopole towers. The term includes
radio and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative tower structures, and
the like. The term includes the structure and any support thereto.

An area of contiguous wooded vegetation where trees are at
a density of at least one six-inch or greater caliper tree per 325
square feet of land and where the branches and leaves form a contiguous
canopy.

The space which lies between a principal building or structure
and the nearest lot line. A yard is to be unoccupied and unobstructed
from the ground upward except as herein permitted. Yards will be identified
as either front yard, side yard, or rear yard.

A yard extending across the full width of the lot and lying
between the front line of the lot and the nearest line of a building
or structure. The depth of the front yard shall be measured at right
angles to the front line of the lot.

A yard extending across the full width of the lot and lying
between the rear line of the lot and the nearest line of a building
or structure. The depth of a rear yard shall be measured between the
rear line of the lot or the entire line of the alley, if there is
an alley, and the rear line of the building.

An open, unoccupied space between the side line of the lot
and the nearest line of a building and extending from the front yard
to the rear yard, or in the absence of either of such yards, to the
front or rear lot lines as the case may be. The width of a side yard
shall be measured at right angles to the side line of the lot.

An area designated by the Zoning Ordinance of the Township
which covers a portion of, or all of, one or more underlying zone
districts. Within a zone overlay area, development is subject to the
control of certain additional uniform regulations and requirements
which supplement the underlying zone requirements and standards.

Which is required by ordinance as a condition precedent
to the commencement of a use or the erection, construction, reconstruction,
alteration, conversion or installation of a structure or building;
and

Class II: one of the officials of the Township other
than the Mayor or a member of the Township Committee to be appointed
by the Mayor, provided that if there is an Environmental Commission,
the member of the Environmental Commission who is also a member of
the Planning Board as required by N.J.S.A. 40:56A-1 shall be deemed
to be the Class II Planning Board member if there is both a member
of the Zoning Board of Adjustment and a member of the Board of Education
among the Class IV members or alternate members.

Class IV: six other citizens of the Township to be
appointed by the Mayor. The members of Class IV shall hold no other
municipal office, position or employment except that one member may
be a member of the Zoning Board of Adjustment and one may be a member
of either the Board of Education of either the Freehold Regional High
Schools or the Manalapan-Englishtown Regional Schools. A member of
the Environmental Commission who is also a member of the Planning
Board as required by N.J.S.A. 40:56A-1 shall be a Class IV Planning
Board member unless there be among the Class IV or alternate members
of the Planning Board both a member of the Zoning Board of Adjustment
and a member of the Board of Education, in which case the member of
the Environmental Commission shall be deemed to be the Class II member
of the Planning Board. For the purpose of this section, membership
on a municipal board or commission whose function is advisory in nature,
and the establishment of which is discretionary and not required by
statute, shall not be considered the holding of municipal office.

Alternates.: The Mayor shall also appoint two alternate
members who shall meet the qualifications of Class IV members. Alternate
members shall be designated by the Mayor at the time of appointment
as "Alternate No. 1" and "Alternate No. 2."

The term of the member composing Class I shall correspond
to his official tenure. The terms of the members composing Class II
and Class III shall be for one year or terminate at the completion
of their respective terms of office whichever occurs first, except
for a Class II member who is also a member of the Environmental Commission.
The term of a Class II or a Class IV member who is also a member of
the Environmental Commission shall be for three years or terminate
at the completion of his term of office as a member of the Environmental
Commission, whichever comes first.

The term of a Class IV member who is also a member
of the Zoning Board of Adjustment or the Board of Education shall
terminate whenever he is no longer a member of such other body or
at the completion of his Class IV term, whichever occurs first.

The terms of all Class IV members first appointed
pursuant to N.J.S.A. 40:55D-23 shall be so determined that to the
greatest practicable extent the expiration of such term shall be evenly
distributed over the first four years after their appointment as determined
by resolution of the Township Committee; provided, however, that no
term of any member shall exceed four years and further provided that
nothing herein shall affect the term of any present member of the
Planning Board, all of whom shall continue in office until the completion
of the term for which they were appointed. Thereafter, all Class IV
members shall be appointed for terms of four years, except as otherwise
herein provided. All terms shall run from January 1 of the year in
which the appointment was made.

The terms of alternate members shall be two years,
except that the terms of the alternate members shall be such that
the term of not more than one alternate member shall expire in any
one year; provided, however, that in no instance shall the terms of
the alternate members first appointed exceed two years. A vacancy
occurring otherwise than by expiration of term shall be filled by
the appointing authority for the unexpired term only.

Alternate members may participate in discussions of
the proceedings, but may not vote except in the absence or disqualification
of a regular member of any class. A vote shall not be delayed in order
that a regular member may vote instead of an alternate member. In
the event that a choice must be made as to which alternate member
is to vote, Alternate No. 1 shall vote.

If the Planning Board lacks a quorum because any of its regular or alternate members is prohibited by Subsection C(1) above from acting on a matter due to the member's personal or financial matter therein, regular members of the board of adjustment shall be called upon to serve, for that matter only, as temporary members of the Planning Board in order of seniority of continuous service to the Board of Adjustment until there are the minimum number of members necessary to constitute a quorum to act upon the matter without any personal or financial interest therein, whether direct or indirect. If a choice has to be made between regular members of equal seniority, the Chairman of the Board of Adjustment shall make the choice.

Organization of Board. The Planning Board shall elect
a Chairman and Vice Chairman from the members of Class IV and select
a Secretary who may be either a member of the Planning Board or a
municipal employee designated by it.

Planning Board Attorney. There is hereby created the
office of Planning Board Attorney. The Planning Board may annually
appoint, fix the compensation of or agree upon the rate of compensation
of the Planning Board Attorney who shall be an attorney other than
the Township Attorney. The Board shall not expend an amount, exclusive
of gifts or grants, in excess of the amount appropriated by the Committee
for its use.

Expenses, experts and staff. The Township Committee
shall make provisions in its budget and appropriate funds for the
expenses of the Planning Board. The Planning Board may employ or contract
for the services of experts and other staff and services as it may
deem necessary. The Planning Board shall not, however, exceed, exclusive
of gifts or grants, the amount appropriated by the Township Committee
for its use.

Powers and duties. The Planning Board shall adopt
such rules and regulations as may be necessary to carry into effect
the provisions and purposes of this chapter. In the issuance of subpoenas,
administration of oaths and taking of testimony, the provisions of
the County and Municipal Investigations Law of 1953 (N.J.S.A. 2A:67A-1
et seq.) shall apply. The Planning Board shall have the following
powers and duties:

To prepare, and after public hearing, adopt or amend
a Master Plan or component parts thereof, to guide the use of lands
within the Township in a manner which protects public health and safety
and promotes the general welfare, in accordance with the provisions
of N.J.S.A. 40:55D-28.

To consider and make report to the Township Committee
within 35 days after referral as to any proposed development regulation
submitted to it pursuant to the provisions of N.J.S.A. 40:55D-26(a).
The report shall include identification of any provisions in the proposed
development regulation, revision or amendment which are inconsistent
with the Master Plan and recommendations concerning these inconsistencies
and any other matters as the Board deems appropriate. The Township
Committee, when considering the adoption of a development regulation,
revision or amendment thereto, shall review the report of the Planning
Board and may disapprove or change any recommendation by a vote of
a majority of its full authorized membership and shall record in its
minutes the reasons for not following such recommendation. Failure
of the Planning Board to transmit its report within the thirty-five-day
period provided herein shall relieve the Township Committee from the
requirements of this subsection in regard to the proposed development
regulation, revision or amendment thereto referred to the Planning
Board. Nothing in this section shall be construed as diminishing the
application of the provisions of N.J.S.A. 40:55D-32 to any official
map or an amendment or revision thereto or of N.J.S.A. 40:55D-62 to
any zoning ordinance or any amendment or revision thereto.

To annually prepare a program of municipal capital
improvement projects over a term of six years, and amendments thereto,
and recommend same to the Township Committee pursuant to the provisions
of N.J.S.A. 40:55D-29.

Direction pursuant to N.J.S.A. 40:55D-34 for
issuance of permit for building or structure in the bed of a mapped
street or public drainage way, flood control basin or public area
reserved pursuant to N.J.S.A. 40:55D-32.

Direction pursuant to N.J.S.A. 40:55D-36 for
issuance of a permit for a building or structure not related to a
street.

Whenever relief is requested pursuant to this
subsection, notice of a hearing on the application for development
shall include reference to the request for a variance or direction
for issuance of a permit as the case may be.

To perform such other advisory duties as are
assigned to it by ordinance or resolution of the Township Committee
for the aid and assistance of the Township Committee or other Township
bodies, agencies, or officers.

The Township Committee may, by ordinance, provide
for the reference of any matters or class of matters to the Planning
Board before final action thereon by a municipal body or municipal
officer having final authority hereon except for any matter under
the jurisdiction of the Board of Adjustment. Whenever the Planning
Board shall have made a recommendation regarding a matter authorized
by ordinance to another municipal body, such recommendation may be
rejected only by a majority of the full authorized membership of such
other body.

Citizens Advisory Committee. The Mayor may appoint
one or more persons as a Citizens Advisory Committee to assist or
collaborate with the Planning Board in its duties, but such person
or persons shall have no power to vote or take other action required
by the Board. Such person or persons shall serve at the pleasure of
the Mayor.

Environmental Commission. Whenever the Environmental
Commission has prepared and submitted to the Planning Board an index
of the natural resources of the municipality, the Planning Board shall
make available to the Environmental Commission an informational copy
of every application for development to the Planning Board. Failure
of the Planning Board to make such informational copy available to
the Environmental Commission shall not invalidate any hearing or proceeding.

Simultaneous review. The Planning Board shall have
the power to review and approve or deny conditional uses or site plans
simultaneously with review for subdivision approval without the developer
being required to make further application to the Planning Board,
or the Planning Board being required to hold further hearings. The
longest time period for action by the Planning Board, whether it be
for subdivision, conditional use or site plan approval, shall apply.
Whenever approval of a conditional use is requested by the developer,
notice of the hearing on the plat shall include reference to the request
for such conditional use.

The Planning Board shall receive and act on all referrals
from the Zoning Board of Adjustment in a timely manner so that the
Zoning Board will receive the advice of the Planning Board within
45 days of the referral.

The Planning Board shall review the material referred
and may make recommendations to the Zoning Board of Adjustment in
writing and/or at the public hearing on the application. The Planning
Board's recommendations may contain the Planning Board's opinion as
to the compatibility of the proposal to the Master Plan; applications
which may have been or are currently being processed by the Planning
Board for similar uses; land use, traffic and other data relevant
to the application which the Planning Board has in its files; and
what conditions, if any, the Planning Board recommends be imposed
on the applicant to improve compatibility with the Master Plan and
this chapter should the Zoning Board of Adjustment grant the variance.

Establishment. The Zoning Board of Adjustment presently
in existence pursuant to N.J.S.A. 40:55D-69 is hereby continued to
consist of seven regular members and two alternate members who shall
be residents of the Township and appointed by the Mayor and confirmed
by the Township Committee.

Terms. The members of the Board of Adjustment shall
continue until their respective terms expire. Thereafter, the term
of each member shall be four years from January 1 of the year of their
appointment. The terms of members first appointed under this chapter
shall be so determined that, to the greatest practicable extent, the
expiration of such terms shall be distributed, in the case of regular
members, evenly over the first four years after their appointment
and, in the case of alternate members, evenly over the first two years
after their appointment; provided that the initial term of no regular
member shall exceed four years and that the initial term of no alternate
member shall exceed two years. Thereafter, the term of each regular
member shall be four years and the term of each alternate member shall
be two years.

The Mayor may appoint and the Committee confirm four alternate members
who shall be designated at the time of their appointment as "Alternate
No. 1," "Alternate No. 2," "Alternate No. 3" and "Alternate No. 4."
Alternate members shall meet the same qualifications as regular members.

Alternate members may participate in discussions of the proceedings,
but may not vote except in the absence or disqualification of a regular
member. A vote shall not be delayed in order that a regular member
may vote instead of an alternate member. In the event that a choice
must be made as to which alternate member is to vote, alternate members
shall vote in order of their numerical designations.

No member of the Board of Adjustment shall be permitted
to act on any matter in which he has, either directly or indirectly,
any personal or financial interest. No member may hold elective office
or position under the municipality.

If the Board of Adjustment lacks a quorum because
any of its regular or alternate members is prohibited by N.J.S.A.
40:55D-69 from acting on a matter due to the member's personal or
financial interest therein, Class IV members of the Planning Board
shall be called upon to serve, for that matter only, as temporary
members of the Board of Adjustment. The Class IV members of the Planning
Board shall be called upon to serve in order of seniority of continuous
service to the Planning Board until there are the minimum number of
members necessary to constitute a quorum to act upon the matter without
any personal or financial interest therein, whether direct or indirect.
If a choice has to be made between Class IV members of equal seniority,
the chairman of the Planning Board shall make the choice.

Board of Adjustment Attorney. There is hereby created
the office of Attorney to the Zoning Board of Adjustment. The Zoning
Board of Adjustment may annually appoint, fix the compensation of
or agree upon the rate of compensation of the Zoning Board of Adjustment
Attorney, who shall be an attorney other than the Township Attorney.
The Board shall not, however, expend an amount exclusive of gifts
or grants, in excess of the amount appropriate by the Township Committee
for its use.

Expenses, experts and staff. The Township Committee
shall make provision in its budget and appropriate funds for the expenses
of the Board of Adjustment. The Zoning Board of Adjustment may also
employ or contract for and fix the compensation of such experts and
other staff and services as it may deem necessary. The Board shall
not authorize expenditures which exceed, exclusive of gifts or grants,
the amount appropriated by the Township Committee for its use.

Hear and decide appeals where it is alleged
by the appellant that there is error in any order, requirement, decision
or refusal made by an administrative official or agency based on or
made in the enforcement of the provisions of this chapter adopted
pursuant to N.J.S.A. 40:55D-62 through 40:55D-68.

Appeals to the Board of Adjustment may be taken
by an interested party. Each appeal shall be taken within the 20 days
prescribed by N.J.S.A. 40:55D-72 by filing a notice of appeal with
the officer from whom the appeal was taken, together with three copies
of the notice with the Secretary of the Board of Adjustment. The notice
of appeal shall specify the grounds for the appeal. The officer from
whom the appeal is taken shall immediately transmit to the Board all
the papers constituting the record upon which the action appealed
from was taken.

An appeal stays all proceedings in furtherance
of the action in respect of which the decision appealed from was made,
unless the officer from whom the appeal is taken certifies to the
Board of Adjustment after the notice of appeal shall have been filed
with him that by reason of facts stated in the certificate a stay
would, in his opinion, cause imminent peril to life or property. In
such cases, proceedings shall not be stayed otherwise than by a restraining
order which may be granted by the Board of Adjustment or by the Superior
Court of New Jersey on application or notice to the officer from whom
the appeal is taken and on due cause shown.

The Board of Adjustment may, in conformity with
the provisions of N.J.S.A. 40:55D-1 et seq., reverse or affirm wholly
or partly or may modify the order, requirement, decision or determination
appealed from, and make such other requirement, decision or determination
as ought to be made, and to that end have all the powers of the Administrative
Officer from whom the appeal was taken.

Hear and decide requests for interpretation
of the zoning map or zoning provisions of this chapter adopted pursuant
to N.J.S.A. 40:55D-62 through 40:55D-68, or for decisions upon other
special questions upon which such Board is authorized by this chapter
to pass.

The strict application of such regulation would
result in peculiar and exceptional practical difficulties to, or exceptional
and undue hardship upon the developer of a property for any of the
following reasons:

Grant, upon an application or an appeal, in
particular cases and for special reasons, by affirmative vote of at
least five members, a variance to allow departures from regulations
pursuant to N.J.S.A. 40:55D-62 through 40:55D-68 to permit the following:

An increase in the permitted density except
as applied to the required lot area for a lot or lots for detached
one or two dwelling unit buildings which lot or lots are either an
isolated undersized lot or lots resulting from a minor subdivision;
or

A height of a principal structure which exceeds
by 10 feet or 10% the maximum height permitted in the district for
a principal structure.

No variance or other relief may be granted under
the terms of N.J.S.A. 40:55D-70d unless such variance or other relief
can be granted without substantial detriment to the public good and
will not substantially impair the intent and purpose of the zone plan
and this chapter. In respect to any airport safety zones delineated
under the Air Safety and Zoning Act of 1983, P.L. 1983, c. 260 (N.J.S.A.
6:1-80 et seq.), no variance or other relief may be granted under
the terms of this section, permitting the creation or establishment
of a nonconforming use which would be prohibited under standards promulgated
pursuant to that act, except upon issuance of a permit by the Commissioner
of Transportation. An application under this section may be referred
to any appropriate person or agency, provided that such reference
shall not extend the period of time within which the Board of Adjustment
shall act.

The Board of Adjustment shall have the power to grant
to the same extent and subject to the same restrictions as the Planning
Board subdivision or site plan approval pursuant to N.J.S.A. 40:55D-37
through 40:55D-59 or conditional use approval pursuant to N.J.S.A.
40:55D-67 whenever the proposed development requires approval by the
Board of Adjustment of a variance pursuant to N.J.S.A. 40:55D-70d.
The developer may elect to submit a separate application requesting
approval of the variance and a subsequent application for any required
approval of a subdivision, site plan or conditional use. The separate
approval of the variance shall be conditioned upon grant of all required
subsequent approvals by the Board of Adjustment. No such subsequent
approval shall be granted unless such approval can be granted without
substantial detriment to the public good and without substantial impairment
of the intent and purpose of the zone plan and zoning regulations.
The number of votes of the Board members required to grant any such
subsequent approval shall be as otherwise provided in N.J.S.A. 40:55D-1
et seq. for the approval in question, and the special vote pursuant
to the aforesaid Subsection d of N.J.S.A. 40:55D-70 shall not be required.

The Board of Adjustment shall have the power to direct
issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a building
or structure in the bed of a mapped street or public drainage way,
flood control basin or public area reserved on the Official Map.

Annual report on variances heard by Zoning Board of
Adjustment. The Zoning Board of Adjustment shall, at least once a
year, review its decision on applications and appeals for variances
and prepare and adopt by resolution a report on its findings on zoning
ordinance provisions which were the subject of variance requests and
its recommendations for zoning ordinance amendment or revision, if
any. The Zoning Board shall send copies of the report and resolution
to the Township Committee and the Planning Board.

Appeals from the Zoning Board of Adjustment to the
Township Committee. Any interested party may appeal to the Township
Committee any final decision of the Board of Adjustment approving
an application for development pursuant to N.J.S.A. 40:55D-70. Such
appeal shall be made and processed in accordance with N.J.S.A. 40:55D-17.

Every municipal agency shall by its rules fix the
time and place for holding its regular meetings for business authorized
to be conducted by such agency. Regular meetings of the municipal
agency shall be scheduled not less than once a month and shall be
held as scheduled unless canceled for lack of applications for development
to process.

The municipal agency may provide for special meetings,
at the call of the Chairman, or on the request of any two of its members,
which shall be held on notice to its members and the public in accordance
with municipal regulations and N.J.S.A. 10:4-6 et seq.

All action shall be taken by a majority vote of members
of the municipal agency present at the meeting except as otherwise
required by N.J.S.A. 40:55D-32, 40:55D-34, 40:55D-62, 40:55D-63 and
N.J.S.A. 40:55D-17e, 40:55D-26a and b and 40:55D-70d. Failure of a
motion to receive the number of votes required to approve an application
for development shall be deemed an action denying the application.
Nothing herein shall be construed to contravene any act providing
for procedures for governing bodies.

All regular meetings and all special meetings shall
be open to the public. Notice of all such meetings shall be given
in accordance with the requirements of the Open Public Meeting Law,
N.J.S.A. 10:4-6 et seq.

Minutes. Minutes of every regular or special meeting
shall be kept and shall include the names of the persons appearing
and addressing the municipal agency and of the persons appearing by
attorney, the action taken by the municipal agency, the findings,
if any, made by it and reasons therefor. The minutes shall thereafter
be made available for public inspection during normal business hours
at the office of the Administrative Officer (Planning Board or Board
of Adjustment Secretary). Any interested party shall have the right
to compel production of the minutes for use as evidence in any legal
proceedings concerning the subject matter of such minutes. Such interested
party may be charged a reasonable fee for reproduction of the minutes
in an amount sufficient to cover the cost of such reproduction of
the minutes for his use.

Rules for conducting hearings. The Planning Board
and Board of Adjustment shall make rules governing the conduct of
hearings before such bodies which rules shall not be inconsistent
with the provisions of N.J.S.A. 40:55D-1 et seq. or this chapter.

Filing of documents. Any maps and documents for which
approval is sought at a hearing shall be on file and available for
public inspection at least 10 days before the date of the hearing
during normal business hours in the office of the Administrative Officer
(Planning Board or Board of Adjustment Secretary). The applicant may
produce other documents, records or testimony at the hearing to substantiate
or clarify or supplement the previously filed maps and documents.

Oaths. The officer presiding at the hearing or such
person as he may designate shall have power to administer oaths and
issue subpoenas to compel the attendance of witnesses and the production
of relevant evidence, including witnesses and documents presented
by the parties, and the provisions of the County and Municipal Investigations
Law, N.J.S.A. 2A:67A-1 et seq. shall apply.

Testimony. The testimony of all witnesses relating
to an application for development shall be taken under oath or affirmation
by the presiding officer and the right of cross-examination shall
be permitted to all interested parties through their attorneys, if
represented, or directly, if not represented, subject to the discretion
of the presiding officer and to reasonable limitations as to time
and number of witness.

Verbatim recording. The municipal agency shall provide
for the verbatim recording of the proceedings by either a stenographer
or by mechanical or electronic means. The municipal agency shall furnish
a transcript or duplicate recording in lieu thereof, on request to
any interested party at his expense, provided that the Township Committee
may provide by ordinance for the municipality to assume the expense
of any transcripts necessary for approval to the Township Committee
pursuant to N.J.S.A. 40:55D-17 of decisions by the Zoning Board of
Adjustment pursuant to N.J.S.A. 40:55D-70d, up to a maximum amount
as specified by the ordinance.

Transcript charge. The municipal agency in furnishing
a transcript of the proceeding to an interested party at his expense
shall not charge such interested party more than the maximum permitted
in N.J.S.A. 2A:11-15 as amended.[1] The transcript shall be certified in writing by the transcriber
to be accurate.[2]

Voting eligibility. A member or alternate member of
a municipal agency who was absent for one or more of the meetings
at which a hearing was held shall be eligible to vote on the matter
upon which the hearing was conducted, notwithstanding his or her absence
from one or more of the meetings; provided, however, that such Board
member or alternate member has available to him or her the transcript
or recordings of all of the hearing from which he or she was absent,
and certifies in writing to the municipal agency that he or she has
read such transcript or listened to such recording.

Notice requirements for hearing. Whenever public notice
of a hearing is required on an application for development, the applicant
shall give notice thereof at least 10 days prior to the date of the
hearing in accordance with the following:

Notice of a hearing requiring public notice
shall be given to the owners of all real property as shown on the
current tax duplicate or duplicates located within 200 feet in all
directions of the property which is the subject of such hearing, provided
that this requirement shall be deemed satisfied by notice to:

Notice to a partnership owner may be made by
service upon any partner. Notice to a corporate owner may be made
by service upon its president, a vice president, secretary or other
person authorized by appointment or by law to accept service on behalf
of the corporation. Notice to a condominium association, horizontal
property regime, community trust or homeowners' association, because
of its ownership of common elements or areas located within 200 feet
of the property which is the subject of the hearing, may be made in
the same manner as to a corporation without further notice to unit
owners, co-owners, or homeowners on account of such common elements
or areas.

Notice of all hearings on applications for development
involving property located within 200 feet of an adjoining municipality
shall be given by personal service or certified mail to the Clerk
of such municipality, which notice shall be in addition to the notice
required to be given to the owners of lands in such adjoining municipality
which are located within 200 feet of the subject premises.

Notice shall be given by personal service or certified
mail to the County Planning Board of a hearing on all applications
for development of property adjacent to an existing county road or
proposed road shown on the official County Map or on the County Master
Plan, adjoining other county land or situated within 200 feet of a
municipal boundary.

Notice shall be given by personal service or certified
mail to the Commissioner of the New Jersey Department of Transportation
of a hearing on any application for development of property adjacent
to a state highway.

Notice shall be given by personal service or certified
mail to the State Planning Commission of any hearing on an application
for development of property which exceeds 150 acres or 500 dwelling
units. The notice shall include a copy of any maps or documents required
to be on file with the Administrative Officer pursuant to N.J.S.A.
40:55D-10b.

Notice to public utilities and cable television companies
shall be provided as follows: Notice of hearings on applications for
approval of a major subdivision or a site plan not defined as a minor
site plan requiring public notice pursuant to this chapter shall be
given, in the case of a public utility, cable television company,
or local utility which possesses a right-of-way or easement within
the municipality and which have registered with the municipality in
accordance with Section 5 of P.L. 1991, c. 412 (N.J.S.A. 40:55D-12),
by:

The applicant shall file an affidavit of proof of
service with the municipal agency holding the hearing on the application
for the development in the event that the applicant is required to
give notice pursuant to N.J.S.A. 40:55D-12 and of this chapter.

Form of notice. All notices required to be given
pursuant to the terms of this chapter shall state the date, time and
place of the hearing, the nature of the matters to be considered and
identification of the property proposed for development by street
address, if any, or by reference to lot and block numbers as shown
on the current tax duplicate in the Township Tax Assessor's office
and the location and times at which any maps and documents for which
approval is sought are available for public inspection as required
by law.

Notice pursuant to Subsection D(4), (5), (6) and (7) above shall not be deemed to be required, unless public notice pursuant to Subsection D(1) and (2) and notice pursuant to Subsection D(3) above are required.

List of property owners furnished. Upon the written request of an applicant, the Tax Assessor shall, within seven days, make and certify a list from the current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to this chapter. In addition, the Tax Assessor shall include on the list the names, addresses and position of those persons who, no less than seven days prior to the date on which the applicant requested the list, have registered to receive notice pursuant to Subsection D(8) above, notice to the public utilities, local utilities and cable television companies. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding. A fee shall be charged for such list.

Where the agency fails to adopt a resolution,
any interested party may apply to Superior Court in a summary manner
for an order compelling the agency to reduce its findings and conclusions
to writing within a stated time and the cost of the application, including
attorney's fees, shall be assessed against the municipality.

Such publication shall be arranged and proof
of publication shall be obtained by the Administrative Officer (Planning
Board or Board of Adjustment Secretary). The period of time in which
an appeal of the decision may be made shall run from the first publication
of the decision.

Such notice shall be published within 30 days
of the date of decision, or 20 days of the date of mailing of a copy
of the decision by the Administrative Officer (Planning Board or Board
of Adjustment Secretary), whichever is later, or within such other
appropriate period as may be determined by the municipal agency at
the time of decision.

In the event that a developer submits an application
for development proposing a development that is barred or prevented,
directly or indirectly, by legal action instituted by any state agency,
political subdivision or other party to protect the public health
and welfare or by a directive or order issued by any state agency,
political subdivision or court of competent jurisdiction to protect
the public health and welfare, the municipal agency shall process
such application for development in accordance with the provisions
of N.J.S.A. 40:55D-1 et seq. and this chapter, and, if such application
for development complies with the provisions of this chapter, the
municipal agency shall approve such application conditioned on removal
of such legal barrier to development.

In the event that development proposed by an application
for development requires an approval of a governmental agency other
than the municipal agency, the municipal agency shall, in appropriate
instances, condition its approval upon the subsequent approval of
such governmental agency, provided that the municipal agency shall
make a decision on any application for development within the time
period provided in this chapter and N.J.S.A. 40:55D-1 et seq. or within
an extension of such period as has been agreed to by the applicant
unless the municipal agency is prevented or relieved from so acting
by the operation of law. Any significant change required by a regulatory
agency will require resubmission for municipal agency approval.

Whenever review or approval of the application by
the County Planning Board is required by N.J.S.A. 40:27-6.3, in the
case of a subdivision, or N.J.S.A. 40:27-6.6, in the case of a site
plan, the municipal agency shall condition any approval that it grants
upon timely receipt of a favorable report on the application by the
County Planning Board or approval by the County Planning Board by
its failure to report thereon within the required time period.

In all cases the municipal agency shall include a
condition of approval setting forth the time within which all conditions
of approval must be satisfied by the applicant. Failure of the applicant
to meet all conditions of approval within the time specified or within
such extensions thereof as the municipal agency may, from time to
time, grant upon the request of the applicant shall render any approvals
null and void.

Tolling of running of period of approval. In the event
that, during the period of approval heretofore or hereafter granted
to an application for development, the developer is barred or prevented,
directly or indirectly, from proceeding with the development otherwise
permitted under such approval by a legal action instituted by any
state agency, political subdivision or other party to protect the
public health and welfare or by a directive or order issued by any
state agency, political subdivision or court of competent jurisdiction
to protect the public health or welfare and the developer is otherwise
ready, willing and able to proceed with the development, the running
of the period of approval shall be suspended for the period of time
the legal action is pending or such directive or order is in effect.

Payment of taxes. Pursuant to the provisions of N.J.S.A.
40:55D-39 and N.J.S.A. 40:55D-65, every application for development
submitted to the Planning Board or to the Zoning Board of Adjustment
shall be accompanied by proof that no taxes or assessments for local
improvements are due or delinquent on the property which is the subject
of such application; or if it is shown that taxes or assessments are
delinquent on the property, any approvals or other relief granted
by either Board shall be conditioned upon either the prompt payment
of such taxes or assessments, or the making of adequate provision
for the payment thereof in such manner that the municipality will
be adequately protected.

Time for decision. After the date an appeal is taken
from the decision of a municipal officer or the submission of a complete
application for development to the Administrative Officer, the approving
authority shall render its decision within the maximum number of days
as specified below or within such further time as may be consented
to by the applicant. Where more than one type of application is involved,
the longer time period shall apply.

Separation of applications. A developer whose proposed development requires a variance or direction of the issuance of a permit may elect to submit a separate application requesting the variance or direction of the issuance of a permit and a subsequent application for any required approval of a subdivision, site plan, or conditional use. The separate granting of the variance or direction of the issuance of a permit shall be conditioned upon the granting of all required subsequent approvals by the same approving authority. No such subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan. The number of votes of the Board members required to grant any such subsequent approval shall be as otherwise provided for the approval in question, and any special vote shall not be required. In the event that the developer elects to submit separate consecutive applications, the time period for granting or denying each separate application shall be as provided in Subsection H above.

Time for exercise of variance. Any variance from the
terms of any ordinance hereafter granted permitting the erection or
alteration of any building, structure or structures or permitting
a specified use of any premises, shall expire by limitation, unless
such construction or alteration shall have been actually commenced
on each and every structure permitted by the variance, or unless such
permitted use has actually been commenced within 12 months from the
date of entry of the decision provided, however, that the running
of the period of limitation herein provided shall be suspended from
the date of filing and appeal from the decision to the Township Committee
or to a court of competent jurisdiction until the termination in any
manner of such appeal or proceeding. Where the variance is part of
a subdivision or site plan approval, the period of limitation shall
coincide with the approval specified in Article IV.

The excavation, removal, or addition of soil
or fill to or from any site exceeding 10 cubic yards or any alteration
exceeding 5,000 square feet in the natural condition of any undeveloped
parcel of land including but not limited to the alteration of drainage
patterns, removal of soil, regrading, and removal of trees and ground
cover; provided, however, that such alterations located on and necessary
to the operation of a farm as defined in this chapter shall not require
a zoning permit.

An application for zoning permit shall be in writing
by the owner or his authorized agent and include the following unless
the Administrative Officer determines that a particular item is not
needed in order to make a decision:

A plan drawn to scale no smaller than one inch
equals 50 feet showing all proposed and/or existing buildings, signs,
parking areas, setbacks, and yard distances in exact location to street
and lot lines. The plan should be prepared by a New Jersey licensed
engineer, surveyor, architect or planner or be based on a plan prepared
by the same.

Should the Zoning Officer determine that the work proposed would
substantially alter the existing grading or drainage of the property,
a grading and drainage plan showing all proposed and/or existing buildings,
signs, parking areas, setbacks, and yard distances in exact location
in relation to street and lot lines may be required prior to the issuance
of a zoning permit. The plan shall be submitted to the Township Engineer
for review and approval. An engineering review fee of $200 shall be
paid by the applicant for the initial review, and a review fee of
$100 shall be paid for each review of a revised plan. The plan should
be prepared by a New Jersey licensed engineer, surveyor, architect
or planner or be based on a plan prepared by the same.

Prior to the issuance of a zoning permit, the applicant
shall have secured all approvals required by this chapter, posted
and made current all escrow and inspection fees, and shall have met
any and all conditions of any municipal agency approval.

The prospective purchaser, prospective mortgagee,
or any other person interested in any land which forms part of a subdivision,
or which formed part of such a subdivision three years preceding the
effective date of N.J.S.A. 40:55D-1 et seq., may apply in writing
to the Administrative Officer for issuance of a certificate certifying
whether or not such subdivision has been approved by the Planning
Board. Such application shall contain a diagram showing the location
and dimension of the land to be covered by the certificate and the
name and the owner thereof.

The Administrative Officer shall make and issue such
certificate within 15 days after the receipt of such written application
and the fees therefor. The officer shall keep a duplicate copy of
each certificate, consecutively numbered, including a statement of
the fee charged, in a binder as a permanent record of his office.

Whether the subdivision, as it relates to the
land shown in the application, has been approved by the Planning Board,
and, if so, the date of such approval and any extensions and terms
thereof, showing the subdivision of which the lands are a part is
a validly existing subdivision.

Any person who shall acquire for a valuable consideration
an interest in the lands covered by such certificates of approval
of a subdivision in reliance upon the information therein contained
shall hold such interest free of any right, remedy or action which
could be prosecuted or maintained by the Township pursuant to the
provisions of N.J.S.A. 40:55D-55.

If the Administrative Officer designated to issue
any such certificate fails to issue the same within 15 days after
receipt of an application and the fees therefor, any person acquiring
an interest in the lands described in such application shall hold
such interest free of any right, remedy or action which could be prosecuted
or maintained by the Township pursuant to N.J.S.A. 40:55D-55.

Any such application addressed to the Township Clerk
shall be deemed to be addressed to the proper designated officer and
the Township shall be bound thereby to the same extent as though the
same was addressed to the designated official.

No building or structure shall be erected, added to,
or structurally altered until a permit thereon has been issued by
the Construction Official. All applications for such permits shall
be in accordance with the requirements of the New Jersey State Uniform
Construction Code (N.J.A.C. 5:23-2.14).

Zoning permit required. No certificate of occupancy
shall be issued for the use of any building, structure or land unless
a zoning permit or approval shall have first been issued for the use
of such building, structure, or land and all fees and escrows associated
with the zoning permit are posted and current.

Uses and occupancies after the effective date of this
chapter. No building, structure or land shall be occupied or used
until such time as a certificate of occupancy is issued by the Construction
Official.

Such certificates shall be issued upon application
by the owner, prospective occupant, or purchaser only after the Construction
Official determines that the facts represented on the application
are correct and that the building, structure or use is in conformance
with the provisions of the Uniform Construction Code and other codes
and ordinances affecting construction and occupancy, including a favorable
report from the Township Engineer as to public improvements, quasi-public
improvements, site access, grading, and other conditions subject to
engineering inspection.

Temporary certificate of occupancy may be issued
pursuant to the provisions of this chapter for any structure or use
for which site plan approval has been secured, but not all conditions
of approval have been complied with.

Existing uses at the time of passage of this chapter
or any amendments thereto. The prospective purchaser, prospective
mortgagee, or any other person interested in any land or structure
may apply in writing for the issuance of a certificate certifying
that the use or structure legally existed before the adoption of the
ordinance or the amendment and certifying the extent and kind of use.
The applicant shall have the burden of proof. Application pursuant
hereto shall be made to the Zoning Officer within one year of the
adoption of the chapter or the amendment or at any time to the Board
of Adjustment and shall be accompanied by the established fee. A denial
by the Zoning Officer shall be appealable to the Board of Adjustment
pursuant to N.J.S.A. 40:55D-72 et seq.

Change of nonresidential occupancy. Whenever there occurs a change in the occupancy or use of a nonresidential building, structure or land, a new certificate of continued occupancy shall be applied for, to ensure compliance with all applicable codes and ordinances. The Construction Official may issue such certificate if the Administrative Officer determines such change in occupancy is not a "change in use," as defined in subsection 95-2.4 of this chapter, and that the applicant has met the requirements of the applicable regulations.

Scope of certificate of continued occupancy. The certificate
of continued occupancy shall contain sufficient information as to
the extent and kind of use or uses, such that any future investigation
of the premises would disclose the extent to which a use was altered.
It shall also indicate whether such use is a permitted or nonconforming
use and the extent to which the use does not conform to the provisions
of this chapter.

In the event that a nonconforming feature exists and the owner wishes
to sell the property, if the owner can demonstrate to the Zoning Officer
by a survey or other documentary proof that said nonconformity has
existed for at least 10 years and the purchaser offers a written statement
acknowledging the nonconformity and certifies that it will not be
expanded, a certificate of continued occupancy may be issued by the
Construction Office. In the event that the nonconforming feature is
modified, it shall be brought into compliance with the applicable
provisions of this chapter.

Improvement required. No permanent certificate of
occupancy shall be issued until all required improvements have been
installed in accordance with the provisions of this chapter as reported
to the Construction Official by the Township Engineer. A temporary
certificate of occupancy may be issued to permit occupancy for a period
not to exceed one year. If at the end of that period the required
improvements have not been completed, the occupancy permit becomes
null and void and the owner may be subject to the penalties herein
defined by this chapter.

Soil erosion and sediment control plan certification. Where required, a soil erosion and sediment control plan certification shall be obtained from the Freehold Area Soil Conservation District prior to subdivision or the erection of any structure or the alteration of the existing grade on any lot. No such certification shall be valid until a development permit shall have first been issued for the subdivision, building, structure or use. See Chapter 192, Soil Erosion and Sediment Control, for details of the certification process.

Records kept by Administrative Officer. It shall be
the duty of the Administrative Officer or his designee to keep a record
of all applications, all actions of the municipal agencies, all complaints,
all violations noted and a record or any action taken thereon and
all development permits issued together with a notation of all special
conditions involved. He shall file and safely keep all copies of all
plans submitted, and the same shall form a part of the records of
his office and shall be available for the use of the Township Committee
and of other officials of the Township.

Monthly report of Administrative Officer. The Administrative
Officer or his designee shall prepare a monthly report for the Township
Committee, summarizing for a period since his last previous report
all development permits issued and all complaints of violations and
the action taken by him consequent thereon. A copy of each such report
shall be filed with the Township Administrator, Tax Assessor, Planning
Board, Zoning Board of Adjustment, Code Enforcement Officer, Construction
Official and Engineer at the same time it is filed with the Township
Committee.

The duty of administering and enforcing the
provisions of this chapter is hereby conferred upon the Zoning Officer,
who shall have such powers as are conferred by this chapter, and as
reasonably may be implied. In no case shall a development permit be
granted for a subdivision or the construction of or alteration of
any building or site where the proposed construction, alteration or
use thereof would be in violation of any provisions of this chapter.
It shall be the duty of the Zoning Officer or his designee to cause
any building, plans or premises to be inspected or examined and to
order in writing the remedying of any conditions found to exist in
violation of this chapter, and the Officer shall have the right to
enter any buildings or premises during the daytime, or other normal
business hours of the premises, in the course of performing these
duties.

In the application and interpretation of this
chapter, all provisions hereof shall be held to be minimum standards
or requirements adopted for the promotion of the public health, safety,
convenience, and general welfare of the Township. Whenever the requirements
of this chapter are at variance with the requirements of any other
lawfully adopted rules, regulations or ordinances, the most restrictive
of those imposing the higher standard shall govern.

Former Chapter 130, Land Use and Development,
and Chapter 184, Signs,[1] are hereby repealed in their entirety and any portions
of other ordinances which contain provisions inconsistent with this
chapter are hereby repealed to the extent of such inconsistency, except
as provided, and, except that any building permit, variance, special
use permit, occupancy permit or other permit validly issued pursuant
to any such ordinance shall remain valid and effective and shall continue
to be governed by the terms and conditions of such ordinance.

For any and every violation of the provisions of this
chapter, the applicant, subdivider, developer, owner, general agent
or contractor of a building or premises where such violation has been
committed or shall exist, and the lessee or tenant of an entire building
or entire premises where such violations have been committed or shall
exist, and the owner, general agency, contractor, lessee or tenant
of any part of a building or premises in which part such violation
has been committed or shall exist, and the general agent, architect,
building contractor or any other person who commits, takes part or
assists in such violation or who maintains any building or premises
in which any such violation shall exist, shall, for each and every
day that such violation shall exist, shall for each and every day
that such violation continues, be subject to a fine of not more than
$1,000 or be imprisoned for a term not exceeding 90 days, or both.

After approval of a development permit, fail to follow,
during construction, the approved site or subdivision plans and/or
observe any and all conditions of approval contained in any resolution
of the municipal agency.

Fail to observe any direction of the Administrative
Officer or his designee with regard to the suspension of any work
not in conformance with approved plans or the conditions of any resolution
of the municipal agency or of the development permit.

Fail to observe any direction of the Administrative
Officer or his designee with regard to the correction, including any
time limits imposed for such correction, of any work not in conformance
with the approved plans or the conditions of any resolution of the
municipal agency or of the development permit.

After completion of a development, fail to operate
and maintain the site in conformance with the approved plans, any
condition of resolution of the municipal agency or of the development
permit and/or any of the provisions or applicable design standards
set forth in Articles VII, VIII and IX of this chapter. The above
shall not be construed to be an exhaustive list of those activities
or actions or omissions which constitute violations of this chapter.
Engaging in other activities prohibited by, or failure to engage in
other activities required by, this chapter shall also be considered
violations.

If, before final subdivision approval has been granted,
any person transfers or sells or agrees to transfer or sell, except
pursuant to an agreement expressly conditioned on final subdivision
approval, as owner or agent, any land which forms a part of a subdivision
for which municipal approval is required by this chapter pursuant
to N.J.S.A. 40:55D-1 et seq., such person shall be subject to a penalty
not to exceed $1,000 and each lot so made may be deemed a separate
violation.

In any such action, the transferee, purchaser or grantee
shall be entitled to a lien upon the portion of the land, from which
the subdivision was made that remains in the possession of the developer
or his assigns or successors, to secure the return of any deposits
made or purchase price paid, and also, a reasonable search fee, survey
expense and title closing expense, if any. Any such action must be
brought within two years after the date of the recording of the instrument
of transfer, sale or conveyance of said land or within six years,
if unrecorded.

If, after final approval, it is discovered that there
was any misrepresentation of any statements or proofs contained in
any plat or in any application for approval or in any representations
made to induce approval, the municipal agency or the Township Committee
may, in addition to such other sanctions as are available in the law,
revoke the approval of any plat and proceed as if final approval had
not been obtained.

If the developer or agent of the developer shall,
after notification by certified mail from the Zoning Officer or Township
Engineer to cease the construction of improvements, cease the use
of certain construction methods and procedures, or cease the use of
or lack of use of site maintenance methods and procedures which may
result in hazards to life, health or property; continue to carry on
the activities specifically included in cessation order(s) from the
Zoning Officer or Township Engineer; then any such developer or agent
of such developer shall be subject to a fine not to exceed $500 or
to imprisonment for not more than 90 days. Each and every day that
a developer or agent of a developer operates in violation of this
chapter after issuance of a cessation order shall be considered a
separate and specific violation.

All amendments to this chapter and to the Zoning
Map, which forms a part hereof, shall be adopted in accordance with
the provisions of N.J.S.A. 40:55D-1 et seq., as amended and supplemented.
The map and schedule of area, yard and building requirements may be
amended and supplemented by description and reference thereto, without
republication of the entire map or detailed test of the schedule.

If any section, paragraph, subdivision, clause
or provision of this chapter shall be adjudged invalid, such adjudication
shall apply only to the section, paragraph, subdivision, clause or
provision so adjudged, and the remainder of this chapter shall be
deemed valid and effective.

Effect on new applications. After the effective date of this chapter, all new applications, and any pending applications which have not been approved, shall be subject to all the provisions of this chapter, except as provided by Subsection B.

If the provisions of this chapter cause there
to be a change in the classification of a pending application or require
additional variances or result in greater deviations from the standards
for a pending variance application, the pending application shall
be denied. The applicant may submit a new application subject to all
the provisions of this chapter.

If the provisions of this chapter require additional
design exceptions or waivers or create greater deviations from standards
for a pending design waiver or design exception, the pending application
shall be considered denied, and the Administrative Officer shall so
notify the applicant. However, the pending application may be continued,
provided that:

If the provisions of this chapter do not cause
there to be a change in the classification of a pending application
or require additional variances or result in greater deviations from
the standards for a pending variance application or require additional
design exceptions or waivers or create greater deviations from standards
for a pending design waiver or exception application, the pending
application may be continued subject to the provisions of the regulations
in effect prior to the adoption of this chapter and to the time limits
originally applicable to the pending application.

Upon adoption of this chapter, and any amendments,
the Township Clerk shall file a copy with the Monmouth County Planning
Board as required by N.J.S.A. 40:55D-16. Any zoning ordinance or amendment
or revision which in whole or in part is inconsistent with or not
designed to effectuate the land use plan element and housing plan
element of the Master Plan shall not take effect until a copy of the
resolution required by N.J.S.A. 40:55D-62 shall be filed with the
Monmouth County Planning Board.

Fees due at time of filing. The fees, escrow deposits and other charges
contained in this section shall be due and payable to the Township
of Manalapan at the time of filing the application for development
or appeal. Prior to the Planning Board, Zoning Board of Adjustment
or Township Committee rendering a decision on an application for development
or appeal, the Secretary or Clerk of the Board or of the Committee
shall certify on the record that all of the required fees, deposits
required and other charges have been paid. If not previously paid,
the Board or Committee shall not render a final decision granting
the relief requested until the applicant or appellant has paid the
required deficient fees or given his assurance of payment to the Board
or Committee in a form satisfactory to the Board or Committee.

All fees and escrow deposits set forth herein are for various application
types, and if an application has a request for approval of more than
one type, the fee to be paid shall be equal to the sum of the fee
for each type of relief sought or application made.

Residential use fee shall be $500, plus $25 per unit up to 500
units and $10 per unit thereafter. This fee shall apply to any development
application proposing residential use which requires site plan approval.

The municipal agency's expert witness hired in accordance
with this chapter: deposit amount determined by municipal agency.
Fee shall be the actual amount billed to the Township of Manalapan
by the expert witness. Copies of stenographic transcripts of proceedings
before the municipal board or agency: actual cost billed to the Township.

A submission for a site plan or subdivision plan which has been
revised to comply with technical requirements such as, but not limited
to, lighting specifications, paving specifications, drainage facility
specifications, landscaping specifications or minor changes which
do not require a public hearing provided escrows have not been released.

The fees, deposits and charges for applications to the Planning
Board and Board of Adjustment as provided for by law and established
above are nonrefundable and are for purposes of offsetting administrative
and clerical costs, exclusive of the legal, planning, engineering
and other professional fees, costs and expenses which may be incurred
and which are provided for hereinafter.

In addition to the payment of the nonrefundable fees, deposits
and charges, applications for site plan or subdivision or general
development plan or applications for conditional use approval or for
variance pursuant to N.J.S.A. 40:55D-70d where nonresidential use
is proposed shall be accompanied by a deposit of escrow funds in accordance
with the provisions of this subsection.

All costs, expenses and fees incurred by the Planning Board,
Board of Adjustment or Township, or other board, commission, agency
of the Township, for the services of a planner, engineer, attorney
or other professional consultant or expert incurred during the development
review process shall be paid by the Planning Board, Board of Adjustment
or Township from the escrow funds.

Preliminary major subdivision application or preliminary major
site plan application, conditional use and/or use variance for residential
use or an amended application for any of the aforementioned categories.

Final major subdivision or final major site plan escrow fees
shall be 1/2 the amounts calculated above if the final subdivision
or final major site plan application is filed simultaneously with
the application for preliminary approval.

If a development application contains lots or units restricted
to low- or moderate-income households, as generally defined by the
zoning ordinances of the Township of Manalapan, those lots or units
so restricted shall not be included in the computation of the required
escrow amount.

Nonresidential final site plan approval: 1/2 the original escrow
fee paid at the time of filing preliminary site plan application or
1/4 the escrow fee required for a preliminary site plan application
if filed simultaneously with the preliminary site plan application.

Minor subdivision and minor site plan applications shall require
an escrow fund deposit in the amount of $3,000, except that the amount
of $1,500 shall be required for a resubdivision in which lot lines
are moved and no new lots are created.

Prior to an application which requires the deposit of escrow
funds being determined complete by the Planning Board or Board of
Adjustment, the applicant shall post the required escrow amount with
the Planning Board Administrative Officer in the form of cash, certified
check or money order and the applicant and the property owner shall
execute an escrow agreement in the form approved by the Township Attorney.

The applicant shall be required to deposit additional escrow
funds when the escrow has been depleted to 20% of the original escrow
amount. When escrow funds have been so depleted, the Township Finance
Officer shall notify the appropriate Board and the consultants and
experts. The consultants and experts shall notify the Township Finance
Officer as to additional costs anticipated. The Board shall not take
action on the application until additional escrow funds adequate to
cover anticipated costs have been deposited by the applicant.

No plans or application shall be reviewed, commented on nor
work performed by the Township's professional staff in the absence
of adequate escrows. No work may be performed or services rendered
after the release of an applicant's or developer's escrows.
Post release services may only be performed after the posting of new
escrows sufficient to cover the services.

The fees, deposits and other charges stated above are to be cumulative,
inasmuch as where an application or appeal to a Board contains requests
for relief or review under more than one of the subsections [§ 95-3.14B(1)
through (19)] and/or other charges and deposits are required, the
total fees, other charges and deposits to be paid by the applicant
or appellant shall be the cumulative total of the separate charges
for each such application subsection.

For any plat or plan on which the fees were paid prior to the effective
date of this subsection and for which an amendment to the preliminary
or final plat or plan is hereinafter applied for, the fees to be charged
shall be 1/2 the fees as determined by this subsection, as if the
applicant had filed his original application as of a date one day
following the effective date of this subsection.

Where an application for development is deemed incomplete by the
municipal agencies to which the application has been made, due to
the drawings and/or sketch plans not conforming to the Manalapan Township
Development Regulations, then, for purposes of defraying the costs
and fees incurred by the agency in reprocessing the application, the
agency may require upon resubmission of the application, the payment
by the applicant of additional application fees not to exceed 50%
of the fees charged for the application when originally submitted.

Waiver. The Board shall waive or exempt those charitable, philanthropic,
fraternal and religious nonprofit organizations holding a tax exempt
status under the Federal Internal Revenue Code of 1954 [26 U.S.C.
§ 501(c) or (d)] from the payment of those application fees
established by this chapter. The Board shall not waive the escrow
fees required hereunder. This waiver or exemption shall apply to only
those applications for development which are directly related to a
nonprofit purpose or activity.

The fee for individual residential lots without subdivision approval,
minor subdivision approval or lacking escrow fees posted as a part
of a major subdivision approval shall be $500 for review of plot grading
plan, driveway/sidewalk inspection, engineering inspection and certificate
of occupancy inspection. In the event the cost of the inspection or
review shall exceed $500, the applicant shall pay such additional
costs based upon the hourly charges made to the Township.

Engineering inspection escrow fees shall be paid by all applicants
prior to the work commencing on the site. The fee shall be based upon
the Engineer's estimate of all standard outside improvements,
including, but not limited to, storm drainage, parking areas, access
driveways, traffic signage and striping, fencing, curbing, sidewalk,
site lighting, landscaping, etc. The inspection fees to be paid shall
be equal to 5% of the cost of the improvements as estimated by the
Engineer.

The purpose of this article is to establish the procedure
for review and action on applications requiring subdivision, site
plan, conditional use, or variance approval. The procedure is intended
to provide orderly and expeditious processing of such applications.

Demolition or removal of any historic structure
or any historic building or historic structure within a historic district
as designated on the Master Plan, except that site plan approval shall
not be required for individual lot applications for one- or two-dwelling-unit
buildings pursuant to N.J.S.A. 40:55D-37.

Informal review by Planning Board. At the request
of the applicant, the Planning Board shall grant an informal review
of a concept plan for a development for which the applicant intends
to prepare and submit an application for development. The purpose
of the concept plan is to provide Planning Board or Subdivision and
Site Plan Committee input in the formative stages of subdivision and
site plan design.

Applicants seeking concept plan informal review shall
submit the items stipulated in Article XII of this chapter 14 days
before the concept plan meeting. These items provide the developer
and Planning Board or Subdivision and Site Plan Committee with an
opportunity to discuss the development proposal in its formative stages.

The applicant will be charged the fee established
for concept plan review. The amount of any fee for such informal review
shall be a credit towards fees for review of the application for development.
Only one concept plan review fee shall be credited.

Assignment. The applicant shall have the option of
filing an application for development with the Administrative Officer
or his designee as to which approvals are required and the appropriate
board for hearing same, or of filing an application and proceeding
before the board which the applicant believes to be appropriate. The
Administrative Officer's or his designee's determination shall be
presumed to be correct. The following applications may be filed:

Content. An application for development shall include
the items specified in Article XII of this chapter which constitutes
a checklist of items to be submitted for subdivision and site plan
review. A copy of this checklist shall be completed by the applicant,
and submitted with the application form.

A subdivision and site plan application shall be complete
for purposes of commencing the applicable time period for action when
so certified by the Administrative Officer or designee. In the event
that the Administrative Officer or designee does not certify the application
to be complete within 45 days of the date of its submission, the application
shall be deemed complete upon the expiration of the forty-five-day
period for purposes of commencing the applicable time period unless
the application lacks information indicated on the checklist of items
specified in Article XII, the checklist has been provided in writing
to the applicant, and the municipal agency or its authorized committee
or designee has notified the applicant, in writing, of the deficiencies
in the application within 45 days of submission of the application.
The applicant may request that one or more of the submission requirements
be waived, in which event the municipal agency or its authorized committee
shall grant or deny the request within 45 days of the date of its
submission. Nothing herein shall be construed as diminishing the applicant's
obligation to prove in the application process that the applicant
is entitled to approval of the application. The municipal agency may
subsequently require correction of any information found to be in
error and submission of additional information not specified in the
chapter or any revisions in the accompanying documents, as are reasonably
necessary to make an informed decision as to whether the requirements
necessary to approval of the application for development have been
met. The application shall not be deemed incomplete for lack of any
such additional information or any revisions in the accompanying documents
required by the municipal agency.

An applicant may appeal the Administrative Officer's
decision concerning completeness of an application to the municipal
agency which has jurisdiction to hear the application. The municipal
agency shall have 45 days after the receipt of the written request
to schedule a public hearing and determine if the application is complete.
The Board shall affirm, modify, or reverse the decision of the Administrative
Officer.

In cases where a proposed development requires Board
of Adjustment action on an application for the grant of a variance
pursuant to N.J.S.A. 40:55D-70d or does not involve a site plan or
subdivision but requires a variance pursuant to N.J.S.A. 40:55D-70c
or requires the direction for issuance of a building permit pursuant
to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36 or where a party requests
Board of Adjustment action on an appeal pursuant to N.J.S.A. 40:55D-70a
or on an interpretation pursuant to N.J.S.A. 40:55D-70b the applicant
shall submit to the Administrative Officer 20 copies of the items
required in Article XII of this chapter, together with an executed
application form, the prescribed fee, and evidence that no taxes or
assessments are outstanding against the property.

The Board of Adjustment shall render a decision not
later than 120 days after the date an appeal is taken from the decision
of an Administrative Officer or the submission of a complete application
for development to the Board of Adjustment. Failure of the Board to
render a decision within a one-hundred-twenty-day period or within
such further time as may be consented to by the applicant shall constitute
a decision favorable to the applicant.

Any applicant requesting approval of a proposed minor
subdivision or minor site plan as defined in this chapter shall submit
to the Administrative Officer 20 copies of the items required in Article
XII of this chapter, together with five copies of the executed application
form, the prescribed fee, and evidence that no taxes or assessments
are outstanding against the property.

The action of the municipal agency under this section
must be taken within 45 days, or 120 days if a variance is required
or within such further time as is agreed to by the applicant and the
municipal agency. Failure of the municipal agency to act within the
period prescribed shall constitute minor subdivision or site plan
approval, and a certificate of the Administrative Officer as to the
failure of the municipal agency to act shall be issued on request
of the applicant; and it shall be sufficient in lieu of the written
endorsement or other evidence of approval herein required and shall
be so accepted by the county recording officer for purposes of filing
subdivision plats.

Except as provided in Subsection E(1) below, approval of a minor subdivision shall expire 190 days from the date on which the resolution of municipal approval is adopted unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law, N.J.S.A. 46:23-9.9 et seq., or a deed clearly describing the approved minor subdivision is filed by the developer with the county recording officer, the Municipal Engineer and the Municipal Tax Assessor as specified by N.J.S.A. 40:55D-1 et seq. Two Mylar, two linen, and 15 paper copies of the minor subdivision plat shall be submitted for execution. Any such plat or deed accepted for such filing shall have been signed by the chairperson and secretary of the municipal agency after confirmation by the Township Finance Officer that all fees and escrows are filed and current.

Extension of one-hundred-ninety-day period for filing minor subdivision. The Planning Board may extend the one-hundred-ninety-day period for filing a minor subdivision plat or deed pursuant to Subsection E above if the developer proves to the reasonable satisfaction of the Planning Board that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining governmental or quasi-governmental entities and that the developer applied promptly for and diligently pursued the required approvals. The length of extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Planning Board. The developer may apply for the extension either before or after what would otherwise be the expiration date.

The Planning Board shall grant an extension of minor
subdivision approval for a period determined by the Board but not
exceeding one year from what would otherwise be the expiration date,
if the developer provides to the reasonable satisfaction of the Board
that the developer was barred or prevented, directly or indirectly,
from proceeding with the development because of delays in obtaining
legally required approvals from other governmental entities and that
the developer applied promptly for and diligently pursued the required
approvals.

A developer shall apply for the extension before what
would otherwise be the expiration date of the minor subdivision approval
or the 91st day after the developer receives the last legally required
approval from other governmental agencies, whichever occurs later.

The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision and site plan approval was granted, shall not be changed for a period of two years after the date of site plan approval or the date on which the resolution of minor subdivision approval is adopted; provided that the approved minor subdivision has been duly filed as set forth in Subsection E above.

Extension of zoning requirements and general terms
and conditions for minor site plan. The Planning Board shall grant
an extension of the two-year period for a period determined by the
Board but not exceeding one year from what would otherwise be the
expiration date, if the developer proves to the reasonable satisfaction
of the Board that the developer was barred or prevented, directly
or indirectly, from proceeding with the development because of delays
in obtaining legally required approvals from other governmental agencies
and that the developer applied promptly for and diligently pursued
the approvals. A developer shall apply for this extension before what
would otherwise be the expiration date, or the 91st day after the
date on which the developer receives the last of the legally acquired
approvals from the other governmental agencies, whichever occurs later.

If the owner of a commercial property is seeking to make minor accessory
improvements, a concept or other plan may be submitted in lieu of
a full site plan at the discretion of the Zoning Officer. The submitted
plan shall be reviewed by the appropriate Board and its professionals.

The applicant seeking preliminary major subdivision
or preliminary major site plan approval shall submit to the Administrative
Officer 20 copies of the materials stipulated in Article XII of this
chapter.

A complete application for a subdivision of 10 or
fewer lots, or for a site plan of 10 acres of land or less or 10 dwelling
units or less, shall be acted upon within 45 days of the date of such
submission, or 120 days if a variance is required, or within such
further time as may be consented to by the developer. A subdivision
of more than 10 lots, or a site plan that involves more than 10 acres
of land or more than 10 dwelling units, shall be acted upon within
more than 10 dwelling units, shall be acted upon within 95 days of
the date of such submissions, or 120 days if a variance is required,
or within such further time as may be consented to by the developer.
Otherwise, the municipal agency shall be deemed to have granted preliminary
subdivision or site plan approval.

Effect of preliminary approval of major subdivisions and major site plans. Preliminary approval of a major subdivision and major site plan shall, except as provided in Subsection B(4), confer upon the applicant the following rights for a three-year period from the date on which the resolution of preliminary approval is adopted as specified by N.J.S.A. 40:55D-1 et seq.:

That the general terms and conditions on which preliminary
approval was granted shall not be changed, including, but not limited
to, use requirements; layout and design standards for streets, curbs
and sidewalks; lot sizes; yard dimensions and off-tract improvements;
and in the case of a site plan, any requirements peculiar to site
plan approval pursuant to N.J.S.A. 40:55D-41, except that nothing
herein shall be construed to prevent the municipality from modifying
by ordinance such general terms and conditions of preliminary approval
as related to public health and safety;

That the applicant may submit for final approval on
or before the expiration date of preliminary approval the whole or
a section or sections of the preliminary subdivision plat or site
plan, as the case may be; and

That the applicant may apply for and the Planning
Board may grant extension on such preliminary approval for additional
periods of at least one year but not to exceed a total extension of
two years, provided that if the design and improvement standards have
been revised by ordinance, such revised standards may govern;

In the case of a subdivision of or site plan for an area of 50 acres or more, the Board may grant the rights referred to in Subsections B(1), (2) and (3) above for such period of time, longer than three years, as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions, and the comprehensiveness of the development. The applicant may apply for thereafter and the Planning Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, and the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions, and the comprehensiveness of the development, provided that if the design and improvement standards have been revised, such revised standards may govern.

Where a developer plans to install the improvements prior to final approval, the developer shall submit the engineering plans and specifications for the improvements to the Municipal Engineer and the required fees and insurance certificate to the Municipal Clerk, who shall act upon them within 35 days. Two Mylar and eight paper copies of the final construction plans are to be signed by the Planning Board. In the event of a denial, the specific reasons must be enumerated in a letter to the applicant. If revised plans are submitted in response to the denial letter, they shall be approved or denied within 20 days with the same requirements as previously imposed for a denial. After the plans are approved and filed with the Planning Board, the developer may install the improvements prior to final approval in accordance with § 95-10.2. In addition to or as part of the performance guarantees, the developer shall be required to furnish a restoration bond for 120% of the maximum cost of restoring the site in the event that the improvements are not complete within two years from the commencement of the work on any section in the development or prior to the expiration of preliminary approval, whichever occurs first. The bond shall either be a security bond, a letter of credit, or an escrow account in accordance with Article X.

Whenever the Planning Board grants an extension of preliminary approval pursuant to Subsection B(3) or (4) of this section and preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.

The Planning Board shall grant an extension of preliminary approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly and diligently pursued the required approvals. A developer shall apply for the extension before what would otherwise be the expiration date of the preliminary approval or the 91st day after the developer receives the last legally required approval from other government entities, whichever occurs later. An extension granted pursuant to this section shall not preclude the Planning Board from granting an extension pursuant to Subsection B(3) or (4) of this section.

An applicant requesting final approval of a proposed
major subdivision and site plan shall submit to the Administrative
Officer or other designee, 20 copies of the items specified in Article
XII of this chapter. Unless the preliminary plat was approved without
changes, the final plat shall have incorporated all changes or modifications
required by the municipal agency. The final plat shall also be accompanied
by a statement from the Municipal Engineer that the municipality is
in receipt of as-built plans showing all streets and utilities in
exact location and elevation and identifying those portions already
installed and those to be installed, and/or certified in the amount
of performance guarantees required to assure completion of those improvements
not yet installed as stipulated in Article X of this chapter.

The application for final subdivision or site plan approval shall be declared complete within a forty-five-day period from the date of its submission according to the provisions of § 95-4.3C of this chapter.

Final approval shall be granted or denied within 95
days after submission of a complete application to the Administrative
Officer, or other designee, or within such further time as may be
consented to by the applicant. Failure of the municipal agency to
act within the period prescribed shall constitute final approval and
a certificate of the Administrative Officer as to the failure of the
municipal agency to act shall be issued on request of the applicant,
and it shall be sufficient in lieu of the written endorsement or other
evidence of approval, herein required, and shall be so accepted by
the county recording officer for purpose of filing subdivision plats.

Within 95 days of the adoption of the resolution of
final approval, the applicant shall comply with the conditions set
forth therein. If the conditions are not satisfied, then the approval
shall expire. The Board may for good cause shown, extend this time
period.

Final approval of a major subdivision shall expire
95 days from the date of signing of the plat by the chairman and secretary
of the municipal agency unless within such period the plat shall have
been duly filed by the developer with the county recording officer.
The municipal agency may for good cause shown, extend the period for
recording for an additional period not to exceed 190 days from the
date of signing of the plat.

Two Mylar, two linen, and 15 paper copies of the final
plat of the major subdivision shall be submitted to the Planning Board.
No subdivision plat shall be accepted for filing by the county recording
officer until it has been approved by the municipal agency as indicated
on the instrument by the signature of the chairman and secretary of
the municipal agency of a certificate has been issued. The signatures
of the chairman and secretary of the municipal agency shall not be
affixed until the developer has posted the guarantees required pursuant
to Article X of this chapter and the Township Finance Officer confirms
that all fees and escrows are posted and current.

The zoning requirements applicable to the preliminary
approval granted and all other rights conferred upon the developer
pursuant to preliminary approval whether conditionally or otherwise
shall not be changed for a period of two years after the date on which
the resolution of final approval is adopted, provided that in the
case of major subdivision the rights conferred by this subsection
shall expire if the plat has not been duly recorded within the time
period provided in N.J.S.A. 40:55D-54.

In the case of a subdivision or site plan for a planned development of 50 acres or more, conventional subdivision or site plan for 150 acres or more, or site plan for development of a nonresidential floor area of 200,000 square feet or more, the municipal agency may grant the rights referred to in Subsection D(1) of this section for such period of time, longer than two years, as shall be determined by the municipal agency to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions, and the comprehensiveness of the development. The developer may apply for thereafter and the municipal agency may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the municipal agency to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units, economic conditions, and the comprehensiveness of the development.

Whenever the Planning Board grants an extension of approval pursuant to Subsection D(1) and (2) approval has expired before the date on which the extension is granted, the extensions shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.

The Planning Board shall grant an extension of final approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer provides to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before what would otherwise be the expiration date of final approval or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Planning Board from granting an extension pursuant to Subsection D(1) and (2) of this section.

Any developer of a parcel of land greater than 100
acres in size for which the developer is seeking approval of a planned
development pursuant to N.J.S.A. 40:55D-1 et seq. may submit a general
development plan for the entire parcel to the Planning Board prior
to the granting of preliminary approval of that development by the
Planning Board pursuant to N.J.S.A. 40:55D-46 or N.J.S.A. 40:55D-48.

The Planning Board shall grant or deny general development
plan approval within 95 days after submission of a complete application
to the Administrative Officer, or within such further time as may
be consented to by the applicant. Failure of the Planning Board to
act within the period prescribed shall constitute general development
plan approval of the planned development.

The general development plan shall set forth for the
entire tract or parcel, the permitted number of dwelling units, the
amount of nonresidential floor space, the residential density and
the nonresidential floor area ratio for the planned development, in
its entirety, according to a schedule which sets forth the timing
of the various sections of the development. The planned development
shall be developed in accordance with the general development plan
approved by the Planning Board notwithstanding any provision of N.J.S.A.
50:55D-1 et seq., or an ordinance or regulation adopted pursuant thereto
after the effective date of the approval.

The term of the effect of the general development plan approval shall be determined by the Planning Board using the guidelines set forth in Subsection B(3) of this section, except that the term of the effect of the approval shall not exceed 20 years from the date upon which the developer receives final approval of the first section of the planned development pursuant to N.J.S.A. 40:55D-1 et seq.

In making its determination regarding the duration
of the effect of approval of the development plan, the Planning Board
shall consider the number of dwelling units or amount of nonresidential
floor area to be constructed, prevailing economic conditions, the
timing schedule to be followed in completing the development and the
likelihood of its fulfillment, the developer's capability of completing
the proposed development, and the contents of the general development
plan and any conditions which the Planning Board attaches to the approval
thereof.

Modification of timing schedule. In the event that
the developer seeks to modify the proposed timing schedule, such modification
shall require the approval of the Planning Board. The Planning Board
shall, in deciding whether or not to grant approval of the modification,
take into consideration prevailing economic and market conditions,
anticipated and actual needs for residential units and nonresidential
space within the municipality and the region, and the availability
and capacity of public facilities to accommodate the proposed development.

Approval of plan modifications required. Except as
provided hereunder, the developer shall be required to gain the prior
approval of the Planning Board if, after approval of the general development
plan, the developer wishes to make any variation in the location of
land uses within the planned development or to increase the density
of residential development or the floor area ratio of nonresidential
development in any section of the planned development.

Except as provided hereunder, once a general development
plan has been approved by the Planning Board, it may be amended or
revised only upon application by the developer approved by the Planning
Board.

A developer, without violating the terms of the approval,
may, in undertaking any section of the planned development, reduce
the number of residential units or amount of nonresidential floor
space by no more than 15% or reduce the residential density or nonresidential
floor area ratio by no more than 15%; provided, however, that a developer
may not reduce the number of residential units to be provided pursuant
to N.J.S.A. 52:27D-301 et seq. without prior municipal approval.

Upon the completion of each section of the development
as set forth in the approved general development plan, the developer
shall notify the Administrative Officer, by certified mail, as evidence
that the developer is fulfilling his obligations under the approved
plan. For the purpose of this section, "completion" of any section
of the development shall mean that the developer has acquired a certificate
of occupancy for every residential unit or every nonresidential structure,
as set forth in the approved general development plan and pursuant
to N.J.S.A. 52:27D-133. If the municipality does not receive such
notification at the completion of any section of the development,
the municipality shall notify the developer, by certified mail, in
order to determine whether or not the terms of the approved plan are
being complied with.

If a developer does not complete any section of the
development within eight months of the date provided for in the approved
plan, or if at any time the municipality has cause to believe that
the developer is not fulfilling his obligations pursuant to the approved
plan, the municipality shall notify the developer, by certified mail,
and the developer shall have 10 days within which to give evidence
that he is fulfilling his obligations pursuant to the approved plan.
The municipality thereafter shall conduct a hearing to determine whether
or not the developer is in violation of the approved plan. If, after
such a hearing, the municipality finds good cause to terminate the
approval, it shall provide written notice of same to the developer,
and the approval shall be terminated 30 days thereafter.

In the event that a developer who has general development
plan approval does not apply for preliminary approval for the planned
development which is the subject of that general development plan
approval within five years of the date upon which the general development
plan has been approved by the Planning Board, the approval of the
general development plan shall terminate.

General development plan satisfactory completion.
In the event that a development which is the subject of an approved
general development plan is completed before the end of the term of
the approval, the approval shall terminate with the completion of
the development. For the purposes of this section, a development shall
be considered complete on the date upon which a certificate of occupancy
has been issued for the final residential or nonresidential structure
in the last section of the development in accordance with the timing
schedule set forth in the approved general development plan and the
developer has fulfilled all of his obligations pursuant to the approval.

Whenever an application for approval of a subdivision
plat, site plan, or conditional use includes a request for relief
pursuant to N.J.S.A. 40:55D-60, the Planning Board shall grant or
deny approval of the application within 120 days after submission
by a developer of a complete application to the Administrative Officer
or within such further time as may be consented to by the applicant.
In the event that the developer elects to submit separate consecutive
applications, the aforesaid provision shall apply to the application
for approval of the variance or direction for issuance of a permit.
The period for granting or denying any subsequent approval shall be
as otherwise provided in this chapter. Failure of the Planning Board
to act within the period prescribed shall constitute approval of the
application and a certificate of the Administrative Officer as to
the failure of the Planning Board to act shall be issued on request
of the applicant, and it shall be sufficient in lieu of the written
endorsement or other evidence of approval, herein required, and shall
be so accepted by the county recording officer for purposes of filing
subdivision plats.

Whenever relief is requested pursuant to this subsection,
notice of the hearing on the application for development shall include
reference to the request for a variance, or direction for issuance
of a permit, as the case may be.

The developer may elect to submit a separate application
requesting approval of the variance or direction of the issuance of
a permit and a subsequent application for any required approval of
a subdivision, site plan or conditional use. The separate approval
of the variance or direction of the issuance of a permit shall be
conditioned upon grant of all required subsequent approvals by the
Planning Board. No such subsequent approval shall be granted unless
the approval can be granted without substantial detriment to the public
good and without substantial impairment of the intent and purpose
of the zone plan and zoning ordinance.

Whenever review or approval of the application by
the County Planning Board is required by Section 5 of P.L. 1968, c.
285 (N.J.S.A. 40:27-6.3), in the case of a subdivision, or Section
8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), in the case of a site
plan, the Borough Planning Board shall condition any approval that
it grants upon timely receipt of a favorable report on the application
by the County Planning Board or approval by the County Planning Board
by its failure to report thereon within the required time period.

In the event that a developer files his complete application
with supporting documentation in accordance with the applicable provisions
of this chapter with the Planning Board, and it is determined either
before or after notice and at the public hearing that the application
should have been initially filed with the Board of Adjustment and
that the Planning Board does not have the statutory jurisdiction to
grant the complete relief requested by the applicant/developer, the
applicant may elect to do one of the following:

Nothing stated herein shall relieve the applicant
of the notice provisions of the statute and this chapter or estop
the Board of Adjustment from handling the transferred application
as a new application before the Board.

In the event that an application is transferred to
the Board of Adjustment, the Board shall have 120 days from the date
that the new application is filed or the transferred application is
received by the Board of Adjustment to render its decision, the refiling
date or effective transfer date being deemed to be the amended complete
application date if the application is in fact complete.

In the event that a developer files his complete application
with supporting documentation in accordance with the applicable provisions
of this chapter with the Board of Adjustment, and it is determined
either before or after notice and at the public hearing that the application
should have been initially filed with the Planning Board and that
the Board of Adjustment does not have the statutory jurisdiction to
grant the complete relief requested by the applicant/developer, the
applicant may elect to do one of the following:

Nothing stated herein shall relieve the applicant
of the notice provisions of the statute and this chapter or estop
the Planning Board from handling the transferred application as a
new application before the Board.

In the event that an application is transferred to
the Planning Board, the Board shall have the time periods prescribed
by this chapter and the New Jersey statutes from the date that the
new application is filed or the transferred application is received
by the Planning Board to render its decision; the refiling date or
effective transfer date being deemed to be the amended complete application
date if the application is in fact complete.

An applicant may claim approval of his application
for development by reason of the failure of the approving authority
to act within the time period prescribed by complying with the following
provisions:

The applicant shall provide notice of the default
approval to the municipal agency and to all those entitled to notice
by personal service or certified mail of the hearing on the application
for development, but for purposes of determining who is entitled to
notice, the hearing on the application for development shall be deemed
to have required public notice pursuant to N.J.S.A. 40:55D-12.

Upon satisfaction of these requirements by the applicant,
the Administrative Officer shall, if he or she agrees with the facts
as set forth by the applicant in the notice of default approval, issue
a certificate of default approval and it shall be sufficient in lieu
of the written endorsement or other evidence of approval, herein required,
and shall be so accepted by the county recording officer for purposes
of filing subdivision plats.

If the Administrative Officer does not agree with the facts as set forth by the applicant in the notice of default approval, he or she shall so notify the applicant and the municipal agency, setting forth the specific items of disagreement, within 30 days of the date the applicant submits the proof of service and publication as required by § 95-4.8C hereof. Unless appealed pursuant to § 95-3.2K(1)(a) hereof, the decision of the Administrative Officer shall be conclusive.

Zoning Map. The locations and boundaries of the districts
of the Township are hereby established as shown on the Zoning Map
of the Township of Manalapan, New Jersey which is attached hereto
and is hereby made a part of this chapter, together with all notations,
references and designations shown thereon.[1]

Editor's Note: Pursuant to Ord. No. 99-06,
adopted 7-14-1999, a map, dated October 12, 1998, was adopted as the
Zoning Map of the Township pursuant to this section. The current Zoning
Map is on file in the Township offices.

Schedules. The Schedule of Permitted Uses; the Schedule of Area, Yard and Building Requirements; the Schedule of Yard Requirements for Parking and Loading Areas; and the Schedule of Minimum Required Buffer Area for zone districts within the Township of Manalapan are hereby established and are attached hereto and are hereby made a part of this chapter, together with all notations, references and designations shown thereon.[2] Requirements related to off-street parking and off-street loading are set forth in § 95-9.2B and C. Requirements related to signs are set forth in § 95-8.7.

Maintenance of the Official Zoning Map. A copy of
the Official Zoning Map shall be maintained in the office of the Township
Clerk and shall be made available for public reference. Copies of
all or a part of the Official Zoning Map may be reproduced for public
distribution. The Zone Map shall be forwarded to the Monmouth County
Planning Board in accordance with N.J.S.A. 40:55D-16. However, the
Official Zoning Map maintained by the Township Clerk shall be the
final authority as to the current status of zoning districts in the
Township of Manalapan.

When, in accordance with the provisions of this
chapter and of state law, revisions are made in district boundaries
or other matters portrayed in the Zoning Map, such changes will be
made to the Zoning Map with an entry bearing the date of adoption,
ordinance number, and a brief description of the change(s).

No changes of any nature shall be made to the
Official Zoning Map except in conformity with the above procedure.
Any unauthorized changes to the map or its contents by any person
or persons shall be considered a violation of this chapter.

Zone district boundaries are intended to follow street,
lot or property lines, or other natural lines such as the center line
of water courses, ditches or lagoons, unless such district or zone
boundaries are fixed by dimension on the Zoning Map or by description,
and shall include contiguous lands acquired by the accretion or stream
diversion by natural causes.

Boundaries indicated as parallel to or extensions
of features indicated above shall be so construed. Distances not specifically
indicated on the Official Zoning Map shall be determined by the use
of the scale appearing thereon.

No building or structure shall hereafter be erected and no existing building or structure shall be moved, altered, added to or enlarged, nor shall any land or building or portion of a building or structure to be used, designed, or arranged to be used for any purpose unless in conformity with the Schedule of Permitted Uses; the Schedule of Area, Yard, and Building Requirements; the Schedule of Minimum Yard Requirements for Parking and Loading Areas; and the Schedule of Minimum Required Buffer Areas and with all of the regulations herein specified for the district in which it is located.[1]

Every principal building shall be located on a lot
as defined in this chapter. Except for multifamily and nonresidential
development no more than one principal building and its accessory
buildings shall hereafter be erected on any one lot.

Yards or lots created after the effective date of
this chapter shall meet the minimum requirements established by this
chapter as set forth in this section and in the Schedule of Area,
Yard, and Building Requirements for Residential Districts and Commercial,
Industrial, and Office Districts.[2]

In each zone district, each use shall provide off-street loading and unloading as specified in § 95-9.2C. In nonresidential zones, loading locations shall adhere to the Schedule of Minimum Yard Requirements for Parking, and Loading Areas.

Additional direction regarding the administration
and application of development requirements and restrictions within
the Township's zone districts is provided in Article VII, General
Zoning Provisions.

Permitted principal uses, accessory uses, and conditional uses within each zone district are set forth in the Schedules of Permitted Uses. The letter "P" means that the use is a permitted principal use in the zone. The letter "C" means the use is a permitted conditional use. The letter "A" means that the use is a permitted accessory use in the zone. Any use, except for essential services, which is not specifically listed as a permitted use, an accessory use or a conditional use on the Schedule of Permitted Uses[1] shall be deemed a prohibited use.

All billboards (except where permitted as a conditional
use), signboards, advertising signs and devices not expressly related
to the business being conducted on the premises or otherwise specifically
permitted by this chapter.

Trailer courts or trailer coaches used as dwellings,
offices or storage facilities or commercial activities related to
the outdoor storage or display of trailer coaches, except that during
development construction trailers may be permitted specifically limited
as to the extent of time such use and requiring the payment of an
annual fee to the municipality for the granting of such license of
such use.

Junkyards, automobile wrecking yards or disassembly
yards, or the sorting or baling of scrap metal, paper, rags, or other
scrap or waste material, except for recycling operations operated
by or with the approval of the Township.

The following standards shall apply as indicated within specified zone districts to planned development or to variable lot size development. All planned development shall adhere to § 95-7.38, Planned development, and open space design shall adhere to § 95-8.9, Open Space design requirements.

Variable lot size development shall be permitted in
the R-20 Zone District. The maximum number of residential building
lots for the variable lot size development shall be no greater than
the number of lots of the subdivided area if developed as a conforming
subdivision under the standard R-20 requirements as set forth in the
Schedule of Area, Yard, and Building Requirements[1] in compliance with other applicable ordinance standards.
The applicant shall submit a yield map showing a conventional conforming
layout and such other information as may be required by the approving
agency to demonstrate the number of lots permitted.

The minimum area dimensions for all proposed
lots in a variable lot development within 200 feet of existing lots
developed for single-family development shall be equal to adjacent
lot size, except that no lot in the variable lot size development
shall be required to be more than 40,000 square feet in size.

The height and building requirements shall be
as specified in the R-20 Residential District provisions in the schedule,
except that where a lot fronts on an existing road, the minimum front
yard setback shall conform to the setbacks on the existing roads,
but shall in no event be less than 60 feet.

Planned Development in the R-20 (PD) District. In
an R-20 (PD) District only, a planned development application classified
as a major subdivision (and major site plan, if applicable) shall
be permitted in accordance with the following standards and regulations.
The planned development shall consist of townhouses and patio homes.

The development application shall result in
a zero increase in the rate of stormwater runoff, calculated from
a base line of an undeveloped condition. The evaluation of calculation
shall be based upon the Engineering Field Manual for Conservation
Practices, issued by the United States Department of Soil Conservation
Service or equivalent standards approved by the Township Engineer.

No townhouse or patio unit or accessory parking
area thereto shall be located within 50 feet of the tract boundaries
of the development nor within 100 feet of the perimeter boundaries
of any single-family residential unit with an area size of two or
less acres.

A minimum of 20% of the total area of the tract,
not including land designated as floodway by the New Jersey Department
of Environmental Protection shall be set aside as permanent open space.
The land so established shall comprise one or more areas of not less
than three contiguous acres each and will be used by the Township
or homeowners' association for general open space, recreation or education.
The Planning Board may accept, in lieu of open space areas established
by individual lot, designation in ownership by an owner's association
or the Township, all or portion of the required open space and included
in one or more individual, privately owned lots with a servient conservation
easement.

Deck, patio and fence standards. Single level
decks and patios at the first floor shall be permitted of a maximum
depth of 12 feet from the outermost exterior wall of all premier units
and from the outermost exterior wall in the classics, which is the
fireplace wall. The deck and patios shall have a maximum width of
20 feet; however, in no case shall the width exceed the projection
of the sidewall lines of each individual dwelling unit. Decks and
patios shall be wood, brick paver or flat stone construction with
sand packed joints. No overhead construction or enclosures of decks
or patios shall be permitted. Shadow box board on board wood privacy
fences shall be permitted at a height of six feet above the surface
level of the deck or patio and a projection of not more than eight
feet from the rear wall of the dwelling unit. Only one privacy fence
shall be permitted between adjoining dwelling units.

All residential buildings shall be set back
at least 25 feet from an interior roadway and at least 15 feet from
a driveway or off-street parking area. All nonresidential buildings
shall be set back at least 40 feet from any interior roadway.

No buildings or structures, other than entrance
gate-houses, walls or fences, shall be located within 50 feet of any
exterior boundary line of the tract, except that along a state highway
right-of-way, the minimum setback shall be 300 feet for any dwelling
unit, except that the Planning Board may reduce this distance if man-made
sound barriers are provided.

Private interior roads and driveways shall have
the following minimum widths as measured from the face of curb to
face of curb: two-way traffic, 24 feet; and one-way traffic, 20 feet.
All public roads shall be designed in accordance with requirements
for local streets. The land area contained within the public road
right-of-way shall not be included in the area determining density
of development.

There should be provided a safe and convenient
system of walks accessible to all occupants. Due consideration should
be given in planning walks and ramps to prevent slipping or stumbling.
Handrails and ample place for rest should be provided. Grading of
walks shall not exceed 10%; single-riser grade changes in walks shall
not be permitted; all walks adjacent to streets or driveways shall
have a minimum width of four feet.

There shall be not less than 10 square feet
of floor space per dwelling unit provided in community buildings.
Such facilities shall be designed and equipped to meet the social
and recreational needs of the anticipated residents. This may include
hobby and craft rooms, lounge areas, meeting rooms, card rooms or
other similar facilities.

Not less than 5% of the gross area of the tract
shall be developed for outdoor recreational use. This may include
swimming pools and related facilities, shuffleboard and horseshoe
courts, tennis courts and other appropriate facilities.

Fire alarms. Fire alarms shall be installed
in each dwelling unit in accordance with the requirements of the Uniform
Construction Code, which became effective January 1, 1977 (N.J.S.A.
52:27D-119 et seq.). With regard to any planned retirement community
already under construction as of the effective date of the Uniform
Construction Code, installation in such planned retirement community
of a fire alarm system containing both smoke and heat detectors and
which also contains an external horn and beacon service for each particular
condominium building shall be deemed to satisfy all previous requirements
of the Planned Retirement Community Ordinance as to fire alarms, provided
that such system, including an externally mounted horn and beacon
for each building, shall be installed throughout the entire community.

Single-family detached residential cluster development
in the R-40/20 District. A single-family residential cluster shall
be permitted in the R-40/20 District subject to the following standards
and regulations:

A minimum of 25% of the total land area of the tract,
not including land areas classified as floodway area, or area of special
flood hazard, or as a wetland by the New Jersey Department of Environmental
Protection, shall be set aside as permanent open space. The land so
established shall comprise one or more areas of not less than five
contiguous acres each and will be used by the Township or homeowners'
association for general open space, or other such municipal purposes.
The Planning Board may accept, in lieu of open space areas established
by individual lot, designation in ownership by an owner's association
or the Township, all or a portion of the required open space land
included in one or more individual privately owned lots with a servient
conservation easement.

Purpose. The purpose of the Golf Course Residential
Community District is to continue the golf course character of the
area through the employment of combined recreational and residential
uses in order to maximize open space, recreational area, the preservation
of the environment, and designed to minimize the impact on Monmouth
Battlefield State Park. Within this zone a combination of dwellings,
as well as certain golf course recreational and maintenance structures,
may be permitted as a golf course residential community. The issuance
of building permits shall be contingent upon prior approval of an
overall development plan that satisfies the special requirements and
standards established for this zone to insure adequate open space,
site buffering, appropriate densities, proper ingress, egress and
circulation of traffic, stormwater detention, grading, and drainage.
The intent of this zone is to encourage the use of imaginative design,
to provide adequate open space, recreational area and preservation
of the environment.

In order to encourage and enable a golf course residential
community of desirable and imaginative design to maintain the standards
of this section, it is required that all sections or phases be developed
in accordance with a comprehensive plan for the overall development
of the property as approved by the Planning Board. Development successors
in title, if any, shall be bound by commitments made by this overall
development plan.

If developed in sections or phases, the first
section or phase shall include, at a minimum, the golf course and
all improvements necessary to serve the golf course, as well as all
improvements to serve the individual section or phase of residential
development. This is to ensure that not less than an eighteen-hole
golf course will be dedicated and that each section or phase can be
self supported and complete.

Minimum open area and recreation space. The
minimum open space and recreation space area required in a golf course
residential community shall not be less than 60% of the total gross
acreage of the site. Not more than 20% of the recreation area and
open space shall be wetlands and related buffers. "Open area" shall
be defined as that area of land which is permanently set aside and
designated on the site plan as dedicated open space, conservation
easement or in such other form as will insure that such property shall
remain open and undeveloped. "Recreation space" shall be defined as
that area of land permanently set aside and designated on the site
plan as open space being devoted to recreational use for golf or associated
recreational activities. The provisions for the organization to maintain
and own recreation space shall be subject to the review and approval
of the Township Attorney.

The golf course shall as a minimum, be an eighteen-hole
standard golf course which shall be integrated into the residential
community through the design of a linear fairway system that maximizes
the number of dwelling units which border the golf course. The majority
of the residential units shall be designed to be clustered along the
system of fairways and greens in order for the Planning Board to conclude
that the purpose and location of the common open space and the amenities
of recreation and visual enjoyment are adequate pursuant to N.J.S.A.
40:55D-45.

Maximum density and area requirements: The maximum
gross residential density shall not exceed 1.1 units per acre. This
figure shall be calculated by multiplying the gross acreage of the
tract by 1.1. That portion of the land developed to residential use
(exclusive of open area and recreation space) shall never exceed a
density of six units on any acre exclusive of wetlands, flood hazard
areas and stream corridors.

The residential development must be serviced
by a municipal or public water supply and sanitary sewer system which
shall be installed by and at the expense of the developer. It is recognized,
subject to the rules and regulations of the State of New Jersey, that
private wells may be utilized for the operation and maintenance of
nonpotable water demand for facilities such as the golf course and
common lawn area irrigation.

Minimum lot frontage: 80 feet except
that on a cul-de-sac or street with a curved alignment having an outside
radius of 500 feet or less, lot frontage shall not be less than 70%
of the required lot frontage.

Minimum lot frontage: 50 feet,
except that on a cul-de-sac or street with a curved alignment having
an outside radius of 500 feet or less, lot frontage shall not be less
than 75% of the required lot frontage.

Minimum side yard: five feet one
side; 15 feet total for both sides. The five-foot requirement shall
apply to driveways, except that on a cul-de-sac or street with a curved
alignment, the side yard setback for the driveway may be reduced to
two feet at the front lot line.

There shall be not less than 15
square feet of floor space per age-restricted dwelling unit provided
in a community or clubhouse building, which building shall have a
minimum floor area of at least 3,000 square feet. Such facility shall
be designed and equipped to meet the social and recreational needs
of persons 55 years of age and older.

Deed restrictions: Approval of
age-restricted adult housing units in the Golf Course Residential
Community District shall be conditioned upon the placement of restrictive
covenants on the deeds to any and all portions of the tract so developed
to insure that:

Open space and recreation areas
shall be located in appropriate locations and arranged in such a manner
and with such facilities so as to further and foster the purposes
of the age-restricted adult housing.

Residents of the age-restricted
adult housing component of the golf course residential community shall
have the same access and opportunities to utilize the golf course
and community amenities as other residents of the community.

All buildings shall be of designs
which are compatible with other residential structures in the community
to achieve a maximum of architectural harmony. In siting rows of townhouses,
dwelling units contained within each row must be staggered to avoid
a monotonous uniform appearance.

There shall not be more than
eight nor less than four attached townhouses in any row. There shall
not be more than two contiguous units located in a row without a horizontal
offset of at least six feet unless the Planning Board determines that
the architectural treatment of the building location provides sufficient
visual interest and does not create a monotonous appearance.

Parking requirements. Each dwelling unit shall provide off-street parking as specified by § 95-9.2B of this chapter. Not less than one of the parking spaces shall be contained in a fully enclosed garage. Convenient locations shall be provided throughout the community to incorporate visitors parking spaces.

Streets and other requirements. Interior streets
shall be based on the projected needs of the full community development
of all land itself as proposed in the development plans submitted
to the Planning Board, as well as the need for fire-fighting and other
emergency vehicles. Interior roads shall be constructed to Township
standards and specifications. Where no on-street parking is anticipated,
the Planning Board may relax these standards and the interior roads
shall have the following minimum widths as measured from edge of pavement
to edge of pavement: two-way traffic, 26 feet; one-way traffic, 20
feet. Associated with the interior roads, a minimum right-of-way width
of 40 feet shall be provided. A safe and convenient system of continuous
walkways shall be provided. Artificial lighting shall be provided
along all interior roads and walkways which lighting shall be sufficient
for the safety and convenience of the residents and in accordance
with Planning Board recommendations.

The developer shall provide for an organization
for the ownership and maintenance of any open space, inclusive of
open space devoted to recreational use for golf associated activities,
for the benefit of owners or residents of the development. Such organization
shall not be dissolved and shall not dispose of any open space except
to an organization conceived and established to own and maintain open
space for the benefit of such development, and thereafter such organization
shall not be dissolved or dispose of any open space without first
offering to dedicate the same to the Township of Manalapan.

In addition to the open space set aside for
recreational use, inclusive of the golf course, there shall be provided
an overall area of at least 1,000 square feet per unit for common
open space designed and intended for the exclusive use of the residential
areas of the development. Such open space shall not be within a wetland,
wetland transition area, or flood hazard area. The person or organization
having responsibility for maintenance of such open space shall be
the homeowners' association. All such space shall be protected by
fully recorded covenants or dedications running with the land. Homeowners'
open space shall be convenient to the dwelling units and shall be
interconnected. Linking passageways shall not be less than 20 feet
wide.

In the event that the organization with the
responsibility for open space fails to maintain it in reasonable order
and condition, then the Township of Manalapan, in accordance with
N.J.S.A. 40:55D-43, may correct such deficiencies and assess the cost
of maintenance against the properties within the development.

Prior to receipt of final approval of the golf
course residential community or any section thereof, the applicant
shall submit to the Township Attorney for review, and reasonable approval
a copy of the proposed master deed, articles of incorporation, covenants,
bylaws and related documents concerning the homeowners' association.

A homeowners' association shall be established
for the purposes of owning and maintaining common property designed
as part of a golf course residential community in a manner enabling
the association to meet its obligations and responsibilities. A homeowners'
association shall incorporate the following provisions:

That the homeowners' association shall consist
of the owners of each of the residential units created as part of
the development. Required membership and responsibilities upon the
members shall be in writing between the association and each property
owner in the form of a covenant with each agreeing to liability for
his pro rata share of the association's costs.

That the association shall be responsible for
liability insurance, taxes, maintenance and other obligations assumed
by the association and shall hold the Township of Manalapan harmless
from any liability.

That the association shall clearly describe
in its bylaws all the rights and obligations of each occupant and
property owner including a copy of any covenants, dedications, deeds
and articles of incorporation of the association and the fact that
every occupant and property owner shall have the right to use all
common properties.

Review and approval of an application for a
golf course residential community development, which development contemplates
construction over a period of years, shall be in accordance with site
plan and major subdivision procedures as contained in Article IV of
this chapter.

Responsibility for utilities and services. Within
the golf course residential community, except as otherwise provided
by law and any other public agency having jurisdiction over this matter,
all private roads, walkways, services, utilities, maintenance and
expenses which are comprised of or incurred in any of the interior
sections of the golf course residential community shall be the obligation
of the unit owners.

Development standards. The minimum design and construction
requirements for streets, roads, sidewalks, sewer facilities, utility
use and drainage shall be in compliance with appropriate Manalapan
Township regulations and ordinances.

Facilities and structures related and appurtenant
to the recreational uses, including a clubhouse which may include
a banquet facility, central dining room, lounge, pro shop, locker
and shower areas, and a central office area and similar uses related
to the activities of the golf course and the planned recreational
community shall be permitted as accessory uses. Existing clubhouse
facilities comprise a structure of 2 1/2 stories with 26,276
square feet of floor area. Along with this are banquet facilities
with a seating capacity of 400, and dining facilities with a seating
capacity of 135. Any expansion beyond these facilities will be allowed
only at the discretion of the Planning Board, with subsequent site
plan approval. Off-street parking and loading facilities shall be
provided at the clubhouse sufficient to meet the parking requirements
of all the activities at the clubhouse without shared use of parking
stalls.

The area, yard and building requirements for the OP-10
and OP-10A Districts shall be as specified in the Schedule of Area,
Yard and Building Requirements, Exhibit 5-2, Commercial, Industrial
and Office Districts,[3] except that the minimum requirements may be modified as
permitted hereinafter for lots created by major subdivision for a
Planned Office Park within the OP-10 or OP-10A District as follows:

Planned office park. A planned office park in the OP-10 District shall consist of a tract or parcel of land having a total area of not less than 25 acres. In the OP-10A Zoning District the minimum tract area shall be 20 acres. Any office park which is proposed to be phased shall be based upon an overall concept plan in accordance with § 95-8.2B, General requirements, of the Township design requirements of Article VIII.

Lot area. Individual sites or lots shall be
of such size that the development will have architectural unity and
flexibility in arrangement and be of such size that all space requirements
provided in this chapter are satisfied; however, no lot shall have
an area of less than 1.5 acres.

Maximum building height: one foot of building
for each one foot of yard depth measured from the lot lines forming
the boundaries of the park development, except that no building shall
exceed 50 feet in height.

A planned office park of 300,000 square feet
or more of gross floor area may be permitted to include the following
uses within the development, provided that such uses do not exceed
5% of the maximum usable building area permitted for the planned development.

Uses enumerated above shall only be permitted
as part of the planned development when designed and located primarily
for the convenience of the employees of the planned development and
to minimize vehicular trip generation within the development.

Planned office/industrial park. A planned office and industrial park shall consist of a tract or parcel of land having a total area of not less than 20 acres. Any planned office industrial park which is proposed to be phased should be based upon an overall concept plan in accordance with § 95-8.2B, General requirements, of the Township design requirements in Article VIII.

Lot area. Individual sites or lots shall be
of such size that the development will have architectural unity and
flexibility in arrangements and be of such size that all space requirements
specified in the Schedule of Area, Yard and Building Requirements,
Exhibit 5-2, Commercial, Industrial and Office Districts[4] are satisfied, and further provided that no lot shall
have an area less than five acres.

A planned office/industrial park of 300,000
square feet or more of gross floor area may be permitted to include
the following uses within the development, provided that such uses
do not exceed 5% of the maximum usable building area permitted for
the planned development:

Uses enumerated shall only be permitted as part
of the planned development when designed and located primarily for
the convenience of the employees of the planned development and to
minimize vehicular trip generation within the development.

Planned development to facilitate the production of
affordable housing for low- and moderate-income households in the
R-5 Zone District is permitted on tracts of five or more contiguous
acres in accordance with the development standards and provisions
of this subsection.

Notwithstanding the provisions of § 95-5.8, R-5, affordable housing requirements, a maximum of 23% of the dwelling units in the planned development may be dwelling units that are not restricted or subject to controls on occupancy and affordability by low- and moderate-income households as established by the rules and regulations of the New Jersey Council on Affordable Housing and with any fair-share housing plan adopted by the Township of Manalapan.

At least 77% of the total number of dwelling units
in the planned development but not less than 67 dwelling units total
shall be limited to occupancy by low- and moderate-income households
and be subject to affordability controls as established by the rules
and regulations of the New Jersey Council on Affordable Housing and
with any applicable Fair-Share Housing Plan and affordable housing
regulations adopted by the Township of Manalapan.

Where a garage and driveway combination is proposed
to satisfy the off-street parking requirement for a dwelling, the
conversion of the garage to other uses is prohibited, and such prohibition
shall run with the land as a restrictive deed covenant approved by
the Township.

The planned development shall provide a common open space area improved for active recreation. The area and location of the common space is subject to approval by the approving authority, but is not required to meet the open space design and area specifications of § 95-8.9A, B, and D.

Permitted use. Planned residential development in
the ML-TH District is a permitted use and shall be designed as a townhouse
complex which shall include affordable housing for low- and moderate-income
households. Commercial uses shall not be permitted. All dwellings
shall be constructed as townhouse dwellings except that low- and moderate-income
dwellings may be constructed as residential flats.

Area, yard and building requirements. Planned residential
development for the production of affordable housing for low- and
moderate-income households is permitted in the ML-TH Zone District
in accordance with the following standards and requirements.

A minimum of 20% of the total number of dwelling
units in the planned development shall be affordable to low- and moderate-income
households. Affordable units shall be limited to occupancy by low-
and moderate-income households and shall be subject to pricing, occupancy,
and affordability controls as established by the rules and regulations
of the New Jersey Council on Affordable Housing and by the affordable
housing regulations of the Township of Manalapan.

The development shall provide an affordable
housing plan for the low- and moderate-income units which plan shall
be subject to the approval of the Township Committee. The plan shall
be drawn to meet the requirements of the Township affordable housing
regulations and the requirements of the New Jersey Council on Affordable
Housing.

Multifamily and attached residential design requirements. Development design should adhere to § 95-8.6C, Multifamily and attached residential design requirements, except the following standards shall apply within the development to control the minimum building spacing, maximum number of dwelling units within a building and minimum dwelling unit size. Decks or porches shall not encroach into the minimum spaces set forth below.

The area, dimensions, and location of the common space shall be appropriate to its purpose and are subject to approval by the approving authority, but the area and dimensions on-site are not required to meet the open space design and area specifications of § 95-8.9A, B and D. To ensure that recreation activities are adequate, the approving authority may, however, require that recreation open space is provided on noncontiguous acreage.

Streets within the development shall be constructed
in accordance with the Township standards for residential access streets
provided that ADT does not exceed 1,500. Where ADT exceeds 1,500 collector
street standards shall apply.

Where a garage and driveway combination is proposed
to satisfy the off-street parking requirement for a dwelling, the
conversion of the garage to other uses is prohibited and such prohibition
shall run with the land as a restrictive deed covenant approved by
the Township.

Private sheds or storage buildings are prohibited.
Sheds or storage buildings are permitted as accessory buildings to
a common recreation area, subject to the setback standards for principal
buildings.

OP-10/Planned Retirement Community-Mount Laurel Contribution
Zone District. In the OP-10/PRC-MLC Zone District, single family detached
residential cluster development shall be permitted in a Planned Retirement
Community (PRC), consisting of single-family detached age-restricted
adult housing units and community amenities as provided for herein,
subject to the following standards and requirements:

Recreation and common elements. A PRC shall provide
developed and undeveloped open space and common recreational or community
facilities for the exclusive use of its residents, in accordance with
the following standards:

Not less than 30% of the gross tract area shall be devoted to common open space, and such common open space shall be restricted, owned and maintained in accordance with § 95-8.9E, F, G, H and I of this chapter, except as modified by this subsection. All critical areas on the site, including wetlands, floodplains and the like, shall be encompassed within the common open space provided.

There shall be not less than 15 square feet
of floor space per dwelling unit provided in a community or clubhouse
building, which building shall have a minimum floor area of at least
3,000 square feet. Such facility shall be designed and equipped to
meet the social and recreational needs of the anticipated residents.
This may include hobby and craft rooms, lounge areas, meeting rooms,
card rooms, rooms providing support facilities for outdoor recreation
facilities or other similar facilities, as required to meet the needs
of persons 55 years of age and older.

Within the common open space, facilities shall
be included for outdoor recreational use. These facilities shall include,
as a minimum, a tennis court and an in-ground swimming pool and their
related improvements and may also include, but not by way of limitation,
shuffleboard, boccie and horseshoe courts, other racquet sports courts,
chipping and putting greens, and other appropriate facilities.

Minimum lot frontage: 50 feet, except that on
a cul-de-sac or street with a curved alignment having an outside radius
of 500 feet or less, lot frontage shall not be less than 75% of the
required lot frontage.

Minimum side yard: five feet one side; 15 feet
total for both sides. The five-foot requirement shall apply to driveways,
except that on a cul-de-sac or street with a curved alignment, the
side yard setback for the driveway may be reduced to two feet at the
front lot line.

Perimeter setback requirements: No buildings or structures,
other than access drives, walkways, entrance gatehouses, walls, fences,
or drainage/utility structures, shall be located within 40 feet of
any exterior tract boundary, and the outer 25 feet of the perimeter
setback shall be designated as a landscape/conservation easement.
The perimeter setback shall be increased to 75 feet where the exterior
tract boundary abuts a collector road, and the outer 50 feet of the
perimeter setback shall be designated as a landscape/ conservation
easement.

Deed restrictions. Approval of a planned retirement
community shall be conditioned upon the placement of restrictive covenants
on the deeds to any and all portions of the tract so developed to
insure that the age-restricted units qualify as "55 or over housing"
within the meaning of the Federal Fair Housing Act and prohibiting
the conversion of garage space to living space. The age restrictive
covenants shall be subject to review by the Township Attorney.

Affordable housing contribution. The development fee to be paid in accordance with § 95-14.1 et seq. for a planned retirement community in the OP-10/PRC-MLC zone district shall be 1/2 of 1% of the equalized assessed value or $2,000 per approved unit, whichever is greater. The developer shall enter into an agreement with the Township in accordance with § 95-14.3A(3) for the payment of a voluntary housing fee in recognition of the incentive provided by the zone in allowing development of a planned retirement community.

Purpose. The purpose of the Village Commercial District
(VC) shall be to permit the development of a village-center-type of
project which will contain a variety of retail and office uses, clustered
around a village green. This district shall also have a defined open
space and/or recreational component which may or may not consist of
lands dedicated to the Township of Manalapan. Such a district is intended
to be developed in proximity to local and regional residential populations,
whether existing or proposed, in order to provide shopping, employment
and personal service opportunities to large residential population,
thereby reducing traffic impacts.

Mixed use standards for the Village Center. The Village
Center shall include a variety of nonresidential uses and activities
intended to create an attractive open space setting and sense of community
for both the residents of the Township and the surrounding region.
To achieve this goal, the Village Center shall:

Tract area. The tract may contain one or more
parcels of contiguous land with a total acreage of at least 100 acres.
For the purpose of calculating parcel acreage or any bulk requirements,
public and private streets and/or rights-of-way within the parcel
shall not constitute a division of the property.

Floor area. The minimum gross floor area of
the total tract shall be 50,000 square feet and the maximum floor
area ratio (FAR) for the total tract shall not exceed 0.75, excluding
public and quasi-public use buildings and structures. The total gross
floor area of buildings in the development shall not exceed 500,000
square feet, excluding public use buildings. Development land dedicated
to or restricted for public purpose use shall be utilized in the calculation
of maximum FAR.

Lot coverage. The maximum lot coverage for buildings,
computed as the ground floor gross floor area, shall not exceed 20%.
The maximum lot coverage for buildings and structures shall not exceed
a total of 75%. The calculations for maximum lot coverage shall exclude
public use buildings and structures. Development land dedicated to
or restricted for public purpose use, shall be utilized in the calculations
for maximum lot coverage.

Parking for the Village Center buildings and
uses shall be in accordance with Exhibit 9-2, Off-Street Parking Requirements
for Nonresidential Land User of this chapter of the Code of the Township
of Manalapan.[5]

Parking for all public or semipublic uses shall be provided in accordance with § 95-9.2B or by agreement of the applicant and the Board allowing for the benefit of shared parking between the various uses.

A comprehensive design plan for the entire tract
must be approved as part of the preliminary site plan approval. Phasing
of construction of the development is permitted consistent with the
preliminary development site plan approval.

Mechanical equipment and other utility hardware
placed on the roof of any buildings shall be properly screened from
the point of view of a person sitting in a car from the nearest point
on a public roadway.

Subdivision of individual lots. The subsequent subdivision of individual lots within the development site is permitted, provided that the lots are created in conformance with an approved overall preliminary development site plan and the subdivided parcel has received final site plan approval. So long as the overall approved development had preliminary site plan approval, there shall be no maximum floor area ratio (FAR) or limitation on maximum building and building and structure coverage requirements for individual lots. Area, yard, building, loading and parking requirements contained in this subsection and approved on the final site plan shall not apply to the subdivided lot. A lot need not front on a public or private street, and no minimum distances between individual buildings are required. The intent of this provision is to permit individual buildings to exist as separate lots. However, each subdivided lot and any proposed improvement on that lot shall be subject to and may only be improved in accordance with the approved plan for the Village Center and shall not cause the overall development to exceed the standards set forth in this Subsection K.

The Planning Board shall condition subdivision
approval upon the submission by the applicant and review by the Board
attorney of common usage and maintenance reciprocal easement agreements
providing for continued provision of common parking areas, roadways,
accessways, utility services, drainage facilities, common facilities,
landscaped areas, signage, site security, snow removal, maintenance
and upkeep. Such agreement shall not be amended or modified without
approval of the approving authority.

Lot size averaging in the R-AG, R-AG/4, and RE Districts.
The purpose of this subsection is to provide an alternative design
technique in specific zone districts to promote the goals of the Master
Plan. The overall planning for a tract may better respond to the intent
and purpose of the Master Plan to protect the environment and conserve
open space if flexibility in the design of a major subdivision is
permitted. In particular, the conservation zoning goals and objectives
included in the Master Plan, and the goal of maintaining large, contiguous
open areas, may be better addressed if some modification of the minimum
lot size requirement is allowed, provided the overall intensity of
permitted development is no greater than the maximum number of lots
that would result from a conforming conventional development.

Lots in the R-AG and the R-AG/4 Districts shall
conform to the requirements of the zone district in which they are
located as established in the Schedule of Area, Yard and Building
Requirements,[6] except that the minimum lot area required may be reduced in accordance with § 95-5.4L(5) below.

Within the RE District, the approving authority may approve the varying of lot areas and dimensions, and yards and setbacks otherwise required by the development regulations of the zone district in such a way that the average lot areas and dimensions, yards and setbacks within the subdivision conform to the conventional norms of the RE Zone District as established in the Schedule of Area, Yard and Building Requirements, except that the minimum lot area required shall be in accordance with § 95-5.4L(5) below, and further provided that no dimension, yard, setback, or other dimensional requirement shall be less than the minimum requirements of the R-40 Residential Zone District.

Maximum permitted number of lots. The use of lot size
averaging in a subdivision plan shall not result in a greater number
of lots than would result if a parcel were developed as a fully conforming
conventional subdivision of lots. For purposes of determining the
maximum number of lots permitted under lot size averaging, the applicant
shall submit a lot yield map of a conforming conventional subdivision
layout. The conforming lot yield map shall be in a sufficient detail
to permit the approving authority to make an informed decision that
the subdivision satisfies all ordinance requirements and would be
approvable by the approving authority as a conventional subdivision
without the need for any lot area or lot dimension variances or exceptions
to subdivision design standards. The number of lots shown on an accepted
lot yield map shall be the maximum number of lots permitted for subdivision
under lot size averaging.

Design criteria. Lot size averaging will be permitted
where the approving authority determines that the resource conservation
and/or farmland preservation goals and objectives of the Master Plan
are better served by the lot size averaging plan than by the conventional
plan for development. The applicant shall demonstrate to the approving
authority that the lot size averaging plan is clearly preferable to
the conventional plan with respect to one or more of the following
factors; stream corridor protection, steep slope protection, agricultural
retention, preservation of forests and woodlands, preservation of
habitat for native flora and fauna, protection of scenic views, protection
of landmarks, reduction in site disturbance from clearing and grading,
reduction in impervious surface, conservation of the site's natural
features and topography, and relationship to open spaces on neighboring
parcels.

Minimum lot area. The minimum lot area may be reduced to the minimum permissible lot size for lot size averaging as shown in the table below, provided that the average lot area in the development shall be at least the conventional lot size required for the respective zone district, and, further provided, that the total number of lots then shall be no greater than the maximum permitted number of lots established in accordance with § 95-5.4L(3) above.

Deed restrictions. Each lot that is part of a lot
averaging plan shall be permanently deed restricted from any future
subdivision of that lot. When only a portion of a tract is to be developed
in a lot averaging plan, deed restrictions against further subdivision
shall be required only for the portion of the tract devoted to the
lot averaging plan.

Farmland preservation subdivision. The purpose of
this subsection is to provide an alternative design technique in specific
zone districts to promote the goal of the Master Plan to maintain
the rural features of the community and preserve farmland. The overall
planning for a tract may better respond to the intent and purpose
of the Master Plan if flexibility in the design of a major subdivision
of farmland is permitted in conjunction with state, county and Township
programs that will preserve a substantial portion of the land in farm
use. In particular, the farmland preservation goal may be better achieved
if some modification of the minimum lot size requirement for development
is permitted where a substantial portion of the farmland can be permanently
preserved for farm use in conjunction with the farmland and open space
programs established pursuant to the Garden State Preservation Trust
Act.

A farmland preservation subdivision is permitted in
the R-AG, R-AG/4, and RE Zone Districts on a farm that is 20 acres
or greater in area and where at least 70% of the farm is to be permanently
preserved for farm use only through a farmland or open space preservation
program established pursuant to the Garden State Preservation Trust
Act.

Building area requirements. Lots shall conform to the requirements of the zone district in which they are located as established in the Schedule of Area, Yard and Building Requirements, except that the minimum lot area required may be reduced in accordance with § 95-5.4M(5) below.

Within the R-AG and the R-AG/4 Districts, the approving authority may approve the varying of lot areas and dimensions, and yards and setbacks otherwise required by the development regulations of the zone district in such a way that the average lot areas and dimensions, yards and setbacks within the subdivision conform to the conventional norms of the R-AG and the R-AG/4 Districts as established in the Schedule of Area, Yard and Building Requirements, except that the minimum lot area required shall be in accordance with § 95-5.4M(5) below, and further provided that no dimension, yard, setback, or other dimensional requirement shall be less than the minimum requirements of the R-40 Residential Zone District.

Within the RE District, the approving authority may approve the varying of lot areas and dimensions, and yards and setbacks otherwise required by the development regulations of the zone district in such a way that the average lot areas and dimensions, yards and setbacks within the subdivision conform to the conventional norms of the RE Zone District as established in the Schedule of Area, Yard and Building Requirements, except that the minimum lot area required shall be in accordance with § 95-5.4M(5) below, and further provided that no dimension, yard, setback, or other dimensional requirement shall be less than the minimum requirements of the R-20 Residential Zone District.

A farmland subdivision plan shall not result
in more than 50% of the maximum number of lots for single-family dwellings
than would have resulted from a conforming conventional subdivision
of the farm based upon the greater of:

For the purpose of determining the maximum number
of lots permitted as the farmland subdivision, the applicant shall
submit a lot yield map of a conforming conventional subdivision layout
based upon either the current zoning or the zoning in effect on November
3, 1998. The conforming lot yield map shall be in a sufficient detail
to permit the approving authority to make an informed decision that
the subdivision satisfies the applicable ordinance requirements. The
number of lots permitted for the farmland subdivision shall not exceed
50% of the number of lots shown on the accepted lot yield map.

Approval criteria. A farmland subdivision will be
permitted where the approving authority determines that the farmland
preservation goals and objectives of the Master Plan are better served
by the farmland subdivision plan and that it meets the standards and
requirements for approval as a farmland subdivision.

The applicant shall provide a subdivision plan
identifying the total farm area proposed for subdivision, and clearly
identifying the farm lot that will be permanently preserved and maintained
for farm and/or open space use in conjunction with the farmland and
open space programs established pursuant to the Garden State Preservation
Trust Act and/or the Township of Manalapan. At least 70% of the tract
shall be permanently preserved and maintained as a farm lot for farm
and/or open space use.

The farmland subdivision plan shall identify the area to be further subdivided for single-family residential development as provided in the approval criteria under § 95-5.4M above. The area for further subdivision shall not exceed 30% of the total farm area and shall be shown by the applicant to be suitable for residential development.

The farmland subdivision plan will be permitted
where the approving authority determines that the farmland preservation
goals of the Master Plan will be better served by the farmland subdivision
and that the farmland subdivision proposed is acceptable to the state,
county, or Township agency that will be responsible for securing a
property interest that ensures the permanent preservation of at least
70% of the total farm area proposed for subdivision in farm/open space
use; and further determines that the farmland subdivision plan is
preferable to the conventional plan with respect to any of the following
factors: stream corridor protection, steep slope protection, preservation
of forests and woodlands, preservation of habitat for native flora
and fauna, protection of scenic views, protection of landmarks, reduction
in site disturbance from clearing and grading, reduction in impervious
surface, conservation of the site's natural features and topography,
and relationship to open spaces on neighboring parcels.

Minimum lot area. The minimum lot size for the area to be further subdivided for single-family residential development may be reduced to the minimum permissible lot size as shown in the table below, provided that the average lot area of the farmland subdivision, inclusive of the lot preserved for farm use, shall be at least the conventional lot size required for the respective zone district, and, further provided that the total number of dwelling units shall be no greater than the maximum permitted number established in accordance with § 95-5.4M(3) above.

Deed restrictions. Each lot created by the farmland
subdivision plan shall be permanently deed restricted from any future
subdivision that would reduce the lot area. If all or part of the
30% of the farm designated for further residential development is
being reserved for future subdivision as building lots in accordance
with the farmland subdivision approval, then the maximum number of
lots and dwellings that can be created from the tract shall be restricted
by deed.

A farmland preservation subdivision application
requires subdivision review and approval in accordance with the other
applicable requirements for subdivision set forth in the Manalapan
Township Development Regulations.

A demarcation shall be provided along the border of any residential lot and any farmland to be preserved. The demarcation shall consist either of trees, shrubbery, fencing, or a combination of the same acceptable to the approving authority. The demarcation shall be recited in the deed restriction required by § 95-5.4M(6).

Any resolution granting approval to a farmland
subdivision shall include a specific condition that the acreage to
be permanently preserved for farm and/or open space use is duly accepted
into a farmland and/or open space program established pursuant to
the Garden State Preservation Trust Act and/or the Township of Manalapan
that perpetually restricts the use of the property to farmland and/or
conservation use; and on the recording of a deed of easement with
the County Clerk. The deed of easement shall be in a form approved
by the agency responsible for preservation of the farm and/or open
space acreage.

Single-family detached residential clusters in the R-AG, R-AG/4 and RE Districts. The development and use of land within the R-AG, R-AG/4, and RE Districts may better respond to the intent and purpose of the Master Plan for the protection of the environment and the conservation of open space through the design of residential clusters whose overall intensity does not exceed the intensity of a permitted conventional development. Accordingly, a residential cluster of single-family dwellings may be permitted as an alternative form of development in the R-AG, R-AG/4 and the RE Zone Districts on a contiguous or noncontiguous land area that is to be developed as a single entity according to a plan that preserves a significant area of open space, as provided below in § 95-5.4N(7), Open space design requirements. The Township approving authority may approve a residential cluster in the R-AG, R-AG/4, or RE Districts where it determines that the following requisite standards and criteria for the residential cluster option are met.

Cluster option. The Township will favor cluster design
where an applicant for the cluster option demonstrates that, compared
to a conventional layout, the cluster design will benefit the community
by conserving resources, preserving open space, and by reducing the
need for additional infrastructure. For purposes of evaluating the
cluster option, the applicant shall submit a lot yield map of a conforming
conventional subdivision layout. The approving authority shall compare
the benefit of the cluster subdivision plan to the conventional subdivision
plan by considering the following factors: reduction in the total
area of land disturbance; reduction in the total area of impervious
coverage; reduction in the total length of new streets; reduction
in the construction of new drainage facilities; and the preservation
of trees and woodland.

A residential cluster of single-family dwellings may be located on contiguous or on noncontiguous land in the R-AG and/or R-AG/4 Zone Districts, with the single-family dwellings located so that higher densities result in one area or in part of one area of the land in the R-AG or R-AG/4 Zone Districts, thereby enabling the preservation of common or public open space on the remaining area of land in the R-AG or R-AG/4 Districts. The single-family dwellings and the open space of an R-AG or R-AG/4 cluster shall be located in no other zone district except as provided in § 95-5.4N(9) below.

A residential cluster of single-family dwellings may be located on contiguous or on noncontiguous land in the RE Zone District, with the dwelling units located so that higher densities result in one area or in part of one area of the land in the RE Zone District, thereby enabling the preservation of common or public open space on the remaining area of land in the RE Zone District. The dwelling units and the open space of an RE cluster shall be located in no other zone district except as provided in § 95-5.4N(9) below.

Minimum total land area required. The minimum total
land area required for development as a residential cluster is 40
acres. At least 65% of the total minimum land area requirement for
a residential cluster shall be unencumbered by any of the following:
wetlands or wetlands transition areas; areas of special flood hazard;
existing easements for utilities or drainage; rights-of-way; surface
waters. Land that is already permanently protected from development
as open space through a conservation easement or other means cannot
be used to satisfy the minimum area requirement.

Minimum tract size required for noncontiguous land. No individual tract of land proposed for development as a noncontiguous residential cluster shall be less than 15 acres. At least 65% of this minimum area requirement shall be land unencumbered by any of the following: wetlands or wetlands transition areas; existing easement areas for utilities or drainage; rights-of-way; areas of special flood hazard; surface waters. Land that is already permanently protected from development as open space through a conservation easement or other means shall not satisfy the minimum land area requirement. The total of all noncontiguous tracts in the cluster shall not be less than the minimum total land area required in § 95-5.4N(3) above.

Maximum permitted number of dwelling units. The residential
cluster shall not yield a greater number of dwelling units than would
result from the development of the land as a fully conforming conventional
subdivision of single-family lots. For purposes of determining the
maximum number of dwellings permitted under the residential cluster
alternative, the applicant shall submit a lot yield map of a conforming
conventional subdivision layout. The conforming lot yield map shall
be in a sufficient detail to permit the approving authority to make
an informed decision that the subdivision satisfies all ordinance
requirements in every respect and would be approvable as a conventional
subdivision without the need for any variances, waivers, or exceptions
from the Township Development Regulations. The number of dwellings
shown on an accepted lot yield map of a conforming subdivision shall
be the maximum number of lots permitted in the residential cluster.

The number of dwellings shown on an accepted
lot yield map of a conforming subdivision shall be the maximum number
of lots permitted in the residential cluster. The minimum size for
a residential lot in a cluster development in the R-AG and the R-AG/4
Zone Districts shall be 1 1/2 acres with a minimum improvable
area of 15,000 square feet. The residential cluster lot shall otherwise
conform to the yard and bulk standards of the R-R Residential Zone.
The density of the cluster development based on its total land area
shall not exceed the maximum permitted density of the zone district.

The number of dwellings shown on an accepted
lot yield map of a conforming subdivision shall be the maximum number
of lots permitted in the residential cluster. The minimum size for
a residential lot in a cluster development in the RE Zone District
shall be 3/4 of an acre with minimum lot frontage and width of 150
feet. The residential cluster lot shall otherwise conform to the yard
and bulk standards of the R-20 Residential Zone. The density of the
cluster development based on its total land area shall not exceed
the maximum permitted density of the zone district.

A minimum of 60% of the gross land area of the
cluster shall be preserved as common or public open space. If the
residential cluster includes an existing farm, the continued use of
preserved open space as a farm may be permitted, subject to approving
authority acceptance of the continued farm operation as part of the
overall cluster design.

All areas to be preserved as public or as common
open space shall be clearly identified and reserved on the plans submitted
for approval. The existing and planned use of the open space shall
be indicated on the plans.

The minimum land area required to be preserved
as common or public open space shall be land that is not already preserved
as open space or preserved as farmland, or is the subject of an application
or contract of sale to be preserved as open space or farmland.

The area proposed as public or private open
space shall be suitable for enjoyment and use as open space. The approving
authority may require that the applicant submit a Phase I and, if
deemed necessary, a Phase II environmental report. The approving authority
may withhold approval of any area that it deems unsuitable as open
space.

At least 65% of the minimum land area required
to be preserved as common or public open space shall be land unencumbered
by any of the following: wetlands or wetlands transition areas; areas
of special flood hazard; existing easement areas for utilities or
drainage; rights-of-way; surface waters.

Any common or public open space area shall be
at least 10 acres in area and have a minimum width of 200 feet and
a minimum depth of 200 feet unless the approving authority determines
that the proposed open space area is contiguous with and/or expands
or extends an existing common open space or a public open space; or
that the proposed open space is contiguous with a land area in other
ownership that has been permanently preserved as open space or as
farmland pursuant to a federal, state, county, or Township open space
acquisition or farmland preservation program. In such cases, or for
other reasons that would advance the public interest, the approving
authority may approve a smaller area where it determines that such
action would be beneficial to the open space design of the cluster.

Open space ownership. The application for development shall identify the existing and proposed ownership of all proposed open space areas. The Township, or federal, state, or county agency, may accept the dedication of open space land or any interest therein for public use and maintenance. In the event that the developer does not dedicate the open space to the Township, or the Township declines the dedication of the open space, the developer shall provide for the preservation, ownership, and maintenance of the open space in accordance with the applicable requirements of § 95-8.9 of the Township Development Regulations and N.J.S.A. 40:55D-43.

Relationship to single-family detached residential cluster development in the R-40/20 District. The developer of a single-family detached residential cluster development in the R-40/20 District that is permitted under § 95-5.4D of the Township Development Regulations, may propose that the open space required for the R-40/20 cluster be provided in the R-AG, or the R-AG/4, or the RE Districts. The approving authority may allow the open space requirement of an R-40/20 residential cluster to be provided in the R-AG or the R-AG/4 or the RE Districts where it determines that preservation of open space presents a significant opportunity for improved community planning that better conserves natural and cultural resources, preserves open space and farm areas, or reduces the need for additional infrastructure. The approving authority may permit the residential lot yield attributable to a conforming conventional subdivision of the open space land preserved in the R-AG or the R-AG/4 or the RE Zone Districts to be located in the R-40/20 Residential Zone District as part of the R-40/20 residential cluster development.

Planned commercial development in the OP-10 District. A developer
may choose planned commercial development with retail uses in the
OP-10 Office Park District as an alternative to other permitted uses
of the zone, subject to the following requirements:

Minimum tract area and location. The minimum tract area required
for development as a planned commercial development in the OP-10 District
shall be 35 contiguous acres. The tract shall front on N.J.S.H. 9
and on Symmes Drive.

Planning. A site plan for the development and operation of the entire tract proposed for use as a planned commercial development shall be submitted for Planning Board approval. The site plan shall show how the planned commercial development will be designed, developed, and operated as a single entity to satisfactorily address the requirements of the Township development regulations. The site plan shall include plans for utilities, landscaping, and stormwater management and other site plan information as required by the Township development regulations. The design of individual buildings shall be coordinated to address the requirements of § 95-8.6, Architectural and building design requirements.

Permitted uses. Any use permitted within the OP-10 Office Park District
and/or within the C-1 Regional Commercial Shopping Center District
shall be a permitted use within the planned commercial development.

Required mix of uses. The planned commercial development shall provide
for a mix of uses which shall include restaurant use and public use.
The public use shall provide an area for public access as an off-street
parking area for commuter parking with a minimum of 300 parking spaces.

Minimum open space. A minimum of 45% of the planned commercial development
shall be designed and maintained as open space. Open space may include
areas of freshwater wetlands and freshwater wetlands transition areas.

Area, yard, and building requirements. The planned commercial development
shall meet the requirements of the OP-10 District for area, yard,
and building; buffers; and parking and loading setbacks, except as
specified below.

The dedicated area for public off-street commuter parking shall
not be subject to the minimum required setbacks. The Planning Board
may approve a reduced setback for the public off-street commuter parking
area as determined to be appropriate by the Board based upon Board
review of the site plan for the design and operation of the entire
tract.

The applicant may provide an averaging plan to reduce the minimum
yard provided for parking areas, loading areas, buildings, and structures
provided that the minimum yard provided is not less than 50 feet and
further provided that any reduced yard areas and any areas planned
to offset the reduction are approved by the Planning Board as part
of the site plan for the planned commercial development.

Signage. Signs permitted in the C-1 District and/or the OP-10 District shall be permitted within the planned commercial development. The site plan shall include a program for signs meeting the requirements of § 95-8.7I, Planning requirements for shopping centers, industrial parks, and office parks. The program for signs shall be subject to Planning Board review and approval.

Required findings for approval. Prior to approval of a planned
commercial development in the OP-10 District, the Planning Board shall
find the facts and conclusions required by § 95-7.38 for
planned developments.

The required area, building and yard requirements
for the LB/Tennent District shall be as provided in the Schedule of
Area, Yard and Building Requirements, Exhibit 5-2, Commercial, Industrial
and Office Districts.[1]

Limited Business/Millhurst. The Township Master Plan identifies Millhurst as an historic place of the early settlement of the Township. Consequently, the design standards of § 95-8.4, Landmark design requirements, shall apply to applications for site plan approval in the Limited Business/Millhurst District. In addition to the uses listed in Subsection A, the following shall be permitted uses in the Limited Business/Millhurst District:

The public health, safety, and general welfare
requires that development in specified areas must be subject to the
control of additional uniform regulations and requirements. These
specified areas may overlay a portion or all of one or more underlying
zone districts. Within an overlay area, the requirements of the overlay
zone shall govern.

The Airport Safety Overlay Zone is established in
conformance with the general requirements and provisions of the Air
Safety and Hazardous Zoning Act of 1983, P.L. 1983, c. 260 (N.J.S.A.
27:1 and 6:1 et seq.[1]) and in accordance with N.J.A.C. 16:62 (16 N.J.R. 977-83,
17 N.J.R. November 4, 1985 2673-2674) and N.J.A.C. 16:62 (21 N.J.R.
1378 May 15, 1989).

The location of the Old Bridge Airport, adjacent to
Manalapan Township, requires the delineation of an Airport Safety
Zone, including runway subzones, runway end zones, and clear zones,
pursuant to N.J.A.C. 16:62 et seq.

Areas within the Airport Safety Zone shall include
any area of land or water, or both upon which an airport hazard might
be created or established if not prevented as provided by N.J.A.C.
16:62. The boundaries of the Airport Safety Zone established for the
Old Bridge Airport shall be utilized as the boundaries of the Airport
Safety Overlay Zone in Manalapan Township.

The delineation of the Airport Safety Overlay
Zone is shown on the Manalapan Township Zoning Map and the overlay
boundaries and these regulations shall be interpreted and applied
in accordance with the N.J.A.C. 16:62 et seq.

No person shall build, rebuild, create or cause to
be built, rebuilt, or created any object or structure, or plant, or
cause to be planted or permit to grow a tree or vegetation, which
will interfere with, diminish, change or obstruct the airspace or
landing and takeoff area available for the landing and takeoff of
aircraft at public use airports except that this chapter shall not
require the removal of or lowering of, or other change or alteration
of any structure or tree not conforming to the rules when this subsection
was adopted.

Vertical height obstruction. No person shall establish
a vertical height obstruction which shall include construction, reconstruction,
creation or establishment of any vertical structure or planting of
a tree which would violate the provisions of N.J.A.C. 16:62-4.2, Methodology
used to define the vertical development allowed within an Airport
Safety Area. Interstate highways shall be considered to be a seventeen-foot
vertical obstruction; public roads other than an interstate highway
shall be considered to be a fifteen-foot vertical obstruction; private
roads shall be considered to be a ten-foot vertical obstruction and
railroads shall be considered to be a twenty-three-foot vertical obstruction.

Specifically prohibited land uses. No person shall
establish within the Airport Safety Overlay Zone any of the prohibited
land uses specifically enumerated in this subsection without the written
approval of the New Jersey Commissioner of Transportation, provided
that such uses are permitted within the underlying zone district.

Residential dwelling units not situated on a
lot of at least three acres in size, except that lawful preexisting
single-family residential structures that are permitted by the underlying
zone district, but which are not situated on a lot of at least three
acres, shall not be deemed to be prohibited.

An application for a project requiring creation
or establishment of a prohibited land use, or creation or establishment
of a vertical height obstruction shall first apply for approval from
the appropriate municipal agency.

If the municipal agency approves the application,
that approval shall be conditioned on the applicant applying for and
receiving a permit from the New Jersey Commissioner of Transportation
in accordance with N.J.A.C. 16:62-6.1.

Variances. No variance, subdivision or other
relief from the standards promulgated by or under N.J.A.C. 16:62-2
within the Airport Safety Overlay Zone may be granted by the Township
to itself or any person except upon the condition that the variance
or relief is contingent upon the issuance of a permit allowing the
variance or relief by the Commissioner of the New Jersey Department
of Transportation.

Residential single-family dwellings situated
on lots of at least three acres and not located in a clear zone, provided
that single-family residential uses are permitted in the underlying
zone districts. Lawful preexisting single-family residential dwellings
which are on lots of less than three acres and are located outside
a clear zone may be expanded in accordance with the underlying zone
district regulations.

Ordinance and Master Plan notice requirements
to Division of Aeronautics. The Township Clerk shall transmit at the
time of adoption, amendment or when requested, a valid copy of the
Airport Safety Overlay Zone (§ 95-5A of this chapter), and
other applicable sections of this chapter as may affect the Airport
Safety Overlay Zone or the operation of the Old Bridge Township Airport,
and the Planning Board Secretary shall transmit at the time of adoption,
amendment or when requested, a valid copy of the Master Plan to the
New Jersey Department of Transportation, Division of Aeronautics,
Air Safety and Hazardous Zoning Permits.

Chapter and Master Plan notice requirements
to Division of Aeronautics. The Township Clerk shall transmit at the
time of adoption, amendment or when requested, a valid copy of the
Airport Safety Overlay Zone subsection of this section as may affect
the Airport Safety Overlay Zone or the operation of the Old Bridge
Township Airport, and the Planning Board Secretary shall transmit
at the time of adoption, amendment or when requested, a valid copy
of the Master Plan, to the New Jersey Department of Transportation,
Division of Aeronautics, Air Safety and Hazardous Zoning Permits.

The Township shall notify, in writing, each
owner of record of property located within the Airport Safety Overlay
Zone of the boundaries of the Airport Safety Overlay Zone, and a duly
authenticated copy of this notification shall be filed with the county
recording officer in the same manner as a deed or other instrument
of conveyance. No cause of action against the state, any county or
municipality shall arise out of a failure to give the notice required
by this subsection.

A metes and bounds description of the Airport
Safety Overlay Zone shall be incorporated into the municipal maps
used for tax purposes and prepared pursuant to N.J.S.A. 54:1-15 and
P.L. 1939, c. 167 (N.J.S.A. 40:146-27 et seq.[2]).

Any person who sells or transfers a property
in an Airport Safety Overlay Zone delineated under the Air Safety
and Zoning Act of 1983, P.L. 1983, c. 260 (N.J.S.A. 6:1-80 et seq.)
and appearing in a map used for tax purposes pursuant to Subsection
b of Section 12 of the Air Safety and Hazardous Zoning Act of 1983,
shall provide notice to a prospective buyer that the property is located
in an Airport Safety Overlay Zone prior to the signing of a contract
for sale. Failure to provide notice required by this section may,
pursuant to the Act, result in the suspension or revocation of the
person's license to engage in real estate sales in this state or other
appropriate disciplinary action by the New Jersey Real Estate Commission
in the case of a person subject to the jurisdiction of the Commission.[3]

The flood hazard areas of Manalapan Township are subject
to periodic inundation which threatens life and property, disrupts
commerce, and requires expenditures for flood protection and relief.
The purpose of this chapter is to discourage construction and fill
or regrading in flood hazard areas, to prevent encroachments which
would obstruct or constrict the area through which water must pass,
to prevent damage to property and loss of life, to prevent pollution
of water courses by preventing the placing or storing of unsanitary
or dangerous substances in the flood hazard areas, and to support
the conservation, protection and maintenance of the stream corridors
within the Township.

Any and all lands or portions of land within Manalapan Township which are classified as a floodway, flood fringe, or one-hundred-year floodplain by the New Jersey Department of Environmental Protection, and/or by the Federal Emergency Management Administration, or as an area of special flood hazard or floodway pursuant to § 113-4, Definitions, of Chapter 113, Flood Damage Prevention, of the Manalapan Township Code is hereby designated as the Flood Hazard Area Overlay District. The Overlay District shall operate in conjunction with the underlying zone district such that the overlay provisions, where more restrictive or imposing a higher standard, shall govern.

Cultivation of the soil for agricultural or
horticultural production, pasture, outdoor plant nurseries, wildlife
sanctuary, game farm, and other similar agricultural, wildlife and
related uses provided such uses are permitted by the underlying zone
district.

Freehold Road - Tennent Road Landmark Corridor Overlay District. The Freehold Road - Tennent Road Landmark Corridor Overlay District encompasses landmark sites of national significance including the Old Tennent Church and Monmouth Battlefield State Park. Any development within the corridor area which requires site plan or subdivision review shall be subject to § 95-8.4, Landmark design requirements, of this chapter.

Route 33 Overlay Zone. The purpose of the Route 33
Overlay Zone is to secure, protect and maintain a greenbelt along
properties fronting on Route 33 in Manalapan Township. The subsection
intent is to promote a desirable visual environment, establish a positive
image of the corridor, provide landscaped open space along the highway
frontage to complement the corridor's natural and man-made features
and to promote connectivity and a more distinctive sense of place
and identity for the Township. Within the Route 33 Overlay Zone, the
following standards and requirements shall apply, except that where
the underlying zoning requires a greater yard or setback requirement
or is more restrictive than the provisions of the overlay zone, then
the more restrictive provisions shall govern.

Retention basins may be permitted within the required
front yard area along Route 33, provided such basins are designed
to serve as aesthetic landscape features that will maintain or accentuate
the visual continuity of the landscaped greenbelt along the highway
frontage.

As part of any application for major subdivision or site plan approval, a landscaped open space shall be established and maintained as a greenbelt along the frontage of property adjacent to the N.J.S.H. 33 right-of-way. The greenbelt shall maintain a minimum width of 35 feet. Driveway access across the greenbelt to N.J.S.H. 33 is permitted subject to the approval of an access permit by the New Jersey Department of Transportation pursuant to the State Highway Access Management Act. Any application for site plan or subdivision approval for lands with frontage on N.J.S.H. 33 shall include a landscape plan drawn in accordance with § 95-8.5D, Buffering and screening; § 95-8.5A, Design principles; and § 95-8.5F. Street trees, of the Development Regulations of the Township. The landscaping in the greenbelt shall be arranged to screen or create views, to create a desirable visual environment, to enhance open space and natural features, to provide seasonal color and interest and to accent driveway access and site circulation. The municipal agency may require additional landscaping or modifications to better achieve the intent and purpose of the Route 33 Overlay Zone. Specific consideration in the landscape design shall be given to the following:

Berms shall be provided as part of the landscape
plan for the greenbelt. Such berms shall be arranged to screen the
view of the site from Route 33. Any berms shall blend topographically
with other landscape elements and shall be planted with masses and
groupings of trees, shrubs and ground cover. In its sole discretion
the municipal agency may approve alternative designs to the use of
berms if it determines that the alternative will be as or more effective
than berms in promoting a desirable visual environment, establishing
a greenbelt along the frontage of Route 33 and screening views.

Parking and loading areas, storage tanks, holding
areas for solid waste or recvclables, outdoor storage or display areas,
mechanical equipment and similar features shall be screened from view
from N.J.S.H. 33.

An application for site plan or major subdivision
approval shall include a circulation plan for pedestrians and vehicles.
To facilitate circulation between adjoining sites and reduce traffic
movements onto Route 33, the municipal agency may require a site to
directly interconnect with other development sites in the zone district.
The municipal agency may require stub connections between a proposed
development and neighboring sites that are not yet developed or are
underdeveloped or capable of being further subdivided.

Signs. Any application for site plan approval shall include a program for signs consistent with the requirements outlined in § 95-8.7.I, Signs within the overlay zone shall comply with the sign requirements as provided by § 95-8.7, Signs, of the Township Development Regulations, with the following exceptions for ground signs and wall signs.

The only type of ground sign permitted shall
be type G-4 as modified herein. The ground sign message shall be limited
to the name of the business, the business logo, and the street address.
No part of the ground sign shall be used for the display of a changeable
message. For the purpose of the Route 33 Overlay Zone, a G-4 ground
sign shall be permitted as provided below:

Landscaping, consisting of a floral bed, ornamental
ground cover or shrubbery, or a combination of the same, shall be
provided and maintained in a bed at the base of the sign in accordance
with a landscaping plan approved by the municipal agency.

The maximum letter height shall be based upon
the floor area of the establishment as follows:

Floor Area

(square feet)

Maximum Letter Height

(feet)

Greater than 35,000

4

5,000 to less than 35,000

3

Less than 5,000

2

Where any part of a development falls within
the boundaries of the Route 33 Overlay Zone, then the above limitations
and exceptions on signage shall apply to the ground and wall signs
for all areas of the development.

Applicability to existing conforming development.
Any existing lot in the Route 33 Overlay Zone on which a building
or structure is located that does not conform to the requirements
of the overlay zone (but which otherwise conforms to the requirements
of the underlying zone district) may have additions made to the principal
building and/or construction of any accessory building or structures
without a variance from the overlay zone standards and requirements,
provided that:

Affordable
Housing Overlay Zone-1 (AH-1). The purpose of the Affordable Housing
Overlay Zone-1 is to implement the recommendations of the Township
Master Plan Housing Element and Fair Share Plan for the development
of one or more municipally sponsored one-hundred-percent affordable
housing developments to address the third-round housing obligation
of the Township for the period of 2004 to 2018. The AH-1 overlay provides
for the development of affordable housing for very-low-, low-, and
moderate-income housing, in a suitable location in conformance with
the requirements of the New Jersey Council on Affordable Housing (COAH).

Applicability. The Affordable Housing Overlay Zone-1 shall be applied
to Block 47, Lot 17, which is shown on the Official Tax Map of the
Township. The Official Zoning Map of the Township of Manalapan is
hereby amended in accordance with the foregoing and is incorporated
by reference.[5] The Affordable Housing Overlay Zone-1 shall be permitted
to be developed by a Township-approved affordable housing developer
for affordable housing in accordance with these provisions. For the
purpose of permitting the development of a municipally sponsored one-hundred-percent-affordable
housing development, the provisions and requirements of the Affordable
Housing Overlay Zone-1 shall supersede the provisions and restrictions
of the underlying single-family zone district. In the event of a conflict
between the provisions of this section and other sections of the Township
development regulations with respect to the development of multi-family
housing, the provisions of the Affordable Housing Overlay Zone-1 shall
govern.

Principal permitted uses. The permitted use of the Affordable Housing
Overlay Zone-1 shall be the residential development of multi-family
buildings. All dwelling units within the development shall be affordable
rental units, and all units shall be developed and marketed in accordance
with COAH rules and regulations.

Recreation areas, recreational facilities, and buildings for
the common use and enjoyment of residents of the Affordable Housing
Overlay Zone-1 such as, but not limited to, community centers; clubhouses;
tennis courts; tot-lots; playgrounds; swimming pools; trails; putting
greens; and passive open space.